Lease extension and Loft extension - Demise/Rights/Premium

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    Lease extension and Loft extension - Demise/Rights/Premium

    Hi All,

    I own a leasehold first floor 1 bedroom flat.

    I am planning on carrying out a L shaped loft conversion.- dormer extension and extension over the outrigger - adding an additional 2 rooms.

    Having read the lease it appears that the loft space/roof is demised - a second opinion would be appriciated -

    'all that first floor flat for the purpose and identifacation only and not of limitaiton or grant delineated on the plan ennexed hereto including for the prupose of obligation as well as grant

    d- the roof and any part or parts of the building lying above the ceiling of the first floor flat.

    f - all fixture and fittings in or about the flat and not hereafter expressly excluded from this demise but not inlcuding:

    i- any of the main timbers and joist of the building or any of the external walls of the flat except such of the plastered surfaces thereof and the door frame fitted therin as are expressly included in this demise

    ii - any pipes wires or conduits in the building which do not serve the flat exclusively
    '
    However the air space isnt specifically stated as demised - is this going to be an issue?can the freeholder demand a premium for this right as the dormer and outrigger extension will enrouch upon the air rights?

    I will be required to carry out structural works to the party walls- inserting beams/ and also running waste pipes extenally throught he exterior walls - is this going to be an issue?- can the freeholder demand a premium for such rights for the above works?

    In terms of being able to make the alterations the lease permits alteraitons as per the extract below

    ;
    not at any time during the said term to make any alterations in or additions to the demised premises or any part thereof or to cut maim alter or injure any of the walls or timbers thereof or to alter the landlords fixtures and fitting therein without first having made a written application (accompanied by all plans and specifications) in respect thereof to the lessor and secondly having recieved the written consent of the lessor thereto.
    - however it omits the 'Not to be unreasonably witheld' wording - is this going to be a problem.

    My biggest concern is having to pay a premium to the freeholder.

    Secondly to complicate matters there is 67 years remaining on the lease and i intend to extend the lease - in terms of strategy what would be the best option
    1. pay the premium based on a 1 bed flat extend the lease and then apply for a licence to alter to carry out the loft extension to convert into 3 bed.
    2. carry out the lease extension based on a 1 bed flat and vary the lease terms to make the licence to alter process easier - ie freehodler consent not to be unreasonably witheld and include airpace within the demise - then apply for the licence to alter therfore reducing the risk of a premium being due to the freehodler.
    3. wrap up the proposed licence to alter with the the lease extension

    If i was to go with option 3 and apply for the licence to alter whilst still negotiating the premium - what impact does this have on the premium? - am in a weaker negotiating position which will increase the premium for the lease extension ?.

    your thoughts/advice would be much welcomed.

    many thanks

    #2
    I'm going to assume the moderator will merge the threads, so this is an answer to the question about the licence.

    A licence is simply a permission to do something that would otherwise not be allowed. As such, I would say the letter was a licence. Do you mean one executed as a deed, which is easy to do yourself, or maybe one written in legalise and considering all the fine details? As you have to submit plans, I would have thought most of your professional costs would go into them and the licence would simply say you must fully conform with the plans, to the satisfaction of their surveyor, whose fees you will pay, and obtain building control and planning consent, together with any consideration required for the increase in value.

    As you seem to be extending, your real professional cost is likely to be in the lease variation.

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