Freeholder Consent for Loft

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  • Freeholder Consent for Loft

    This concerns the top flat of a two storey house split into two. I would be grateful for advice concerning the interpretation of the wording in the lease.

    The lease contains the following regarding consent:

    Not to make any alteration in or addition to the premises without the consent of the lessors

    What, if any, fees is the freeholder allowed to charge for his consent?

    There shall be deemed in the premises the roof of the messuage

    Does this wording permit loft extensions? And will the freeholder be able to charge if I do convert the loft?

    Many thanks.

  • #2
    Further to my opening post, below in italics is the exact wording taken from the lease:

    THE LESSORS HEARBY DEMISE unto the Lessee ALL THAT the first floor flat including the staircase leading thereto form the entrance passageway and the door and the doorway giving access to such staircase from the communal area and the staircase at the rear of the building and the general structure of the building co-extensive with the first floor flat and including the roof and the floor boards (but excluding the ceiling of the lower flat) known as first floor flat …the whole building being hereinafter called ‘the messuage’) which demised premises are hearinafter called ‘the premises’ and…

    THE LESSEE HEARBY COVENANTS with the Lessors as follows:

    8) Not to make any alteration in or addition to the premises without the consent of the Lessors

    9) Not during the said term without previously obtaining the written consent of the Lessors to carry out any operation or institute or continue any use of the premises for which permission is required under the Town & Country Planning Act 1971

    THE LESSORS HEARBY FURTHER COVENANTS…

    7) b) i) There shall be deemed in the premises the roof of the messuage


    Questions:

    1. The word loft does not appear in the lease but I believe the above wording infers that it is demised with the property. Do you agree?

    2. Would 's.19(2) of LTA 1927' be applicable in this instance?

    Thanks.

    Comment


    • #3
      A lease is only a long term rental agreement and you require landlord consent to make any structural changes. . If you want to convert the loft area into living space, its best to buy the freehold first.

      Comment


      • #4
        Thank you kindly for your reply.

        Do you think 's.19(2) of LTA 1927' applies in this case? I have read previous similar threads but the wording in those examples seems less vague.

        Comment


        • #5
          To conclude this thread I thought I would quote some comments I found elsewhere that seem applicable in this instance. The remarks were made by solicitors.

          Consider who is to have rights to exploit airspace. If the let property includes the roof, the airspace will be included too, unless it is expressly excluded.

          If the lease prohibits alterations being made “without consent”, there is an implied proviso that consent will not be unreasonably withheld in relation to works that are improvements (s19(2) LTA 1927).

          If the lease contains a covenant which prevents improvements without the landlord's prior consent, the tenant is assisted by the effect of s19(2), which states that such consent may not be unreasonably withheld.

          BW

          Comment

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