Who owns loft space when it is not stated in lease.

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    Who owns loft space when it is not stated in lease.

    Hi, I own a top floor maisonette and share the freehold 50/50 with the ground floor maisonette. I would like to build a loft conversion and after checking my lease I'm unsure who the loft space belongs to. All I can see in my lease is "the right for the lessor/owner/occupier of lower maisonette to maintain in the roof space of the demised premises such tanks or cisterns as are necessary for the provision of an adequate water system for the lower maisonette....". I've looked through the forums but everyone's lease is different I guess. Any help would be appreciated. Thanks

    #2
    It will depend on the precise wording within your lease.
    Lawcruncher is a forum member who seems to best know what he is talking about regarding this, and has previously said that, if the lease doesn't specifically exclude the loft space, and the loft can only be accessed from with a particular flat, legislation effectively means that the loft space is included in the demise of that flat even if the lease doesn't specifically include the loft (I hope I'm not getting this wrong, but hopefully Lawcruncher will see your post.

    However, whether or not you have any right to the loft space is not the only consideration if you wish to build a loft conversion. If you wish to include any sort of 'window' that will mean cutting through the roof, your lease may explicitly prohibit this.
    From what you have posted, the leases for your block definitely include the right for the lower maisonette to have the tanks/cisterns necessary to provide "an adequate water system" within the loft space, so whatever plans you have will have to allow for that.

    Comment


      #3
      Please see this thread: https://forums.landlordzone.co.uk/fo...-in-the-lease=

      In your case the reservation of the right to maintain a tank in the loft is a clear indication of an intention to include the loft.

      Comment


        #4
        I am curious.

        If the intention was to include the loft in the demise, then why would on the drafting of the lease would there be a right to maintain a tank in the loft. I would have thought that it implies there was no intention to include the loft in the demise

        Comment


          #5

          The right is for the landlord and tenant below.

          Comment


            #6
            Presumably all the flats have to have a tank in the loft, not just the flat below. So I really cannot see that provision for the tank enhances the case - it weakens it in a block of > 1 level.

            Comment


              #7
              vagabond does ur lease state to whom has the roof been demised to? Who is responsible for insuring/repairing and rebuilding (in case of fire)?

              i am currently progressing a loft conversion application with the FH, and even though my lease does not specifically mention the loft space, since the roof is demised to me (I also have responsibility to insure it as part of my demise), by default it incorporates the loft space and airspace. I found case law that confirmed my position. Also this was not challenged by the FH.

              very rarely leases mention loft space (especially old ones). In this situation what is important to assess is to whom has the roof been demised to.

              hope this helps.

              Comment


                #8
                If you and other flat owner are joint- owners of the freehold title for your building , you should be able to reach a deal where you can build in the loft and other leaseholder builds an extension on rear side of ground floor flat

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