Head Lease holder and loft conversion

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    Head Lease holder and loft conversion

    Good Morning,

    I was hoping to get some advice on some questions I have regarding the necessary consent I would need to convert the loft space above the first floor flat I have just completed on, into living space.

    My situation

    - The property is a large semi detached which has been split into 2 flats
    - I have purchased the top floor flat and want to convert the loft above it into living space
    - There is a freeholder {Mod - name removed} who collects the ground rent but the whole building premises has been demised from the freehold into a head lease (first floor) and then a subsequent under lease which has demised the ground floor to the other lease holder
    - The head lease (which I have purchased) has not demised the loft space to the under lease therefore it is part of the retained premises under the head lease which I now own. My solicitor has verified this to note that the loft space has therefore passed to me with the head lease
    - The head lease and the under lease are long lease holds


    My questions

    1. What consent ( if any) do I need from the freeholder and the under lease holder and what costs are both parties likely to want to put to me for giving consent ?

    2. Would either the freeholder or the under lease holder have grounds to object to the loft conversion that would not allow me to go ahead ?

    Many Thanks,

    Chris

    #2
    it depends if the head lease is specific about the use of the loft space as say storage, if any rights are granted to the underlessee, eg right to put up an aerial or have a water tank etc, and what the head lease says about alterations to the building and loft space, in terms of consent or a prohibition or restriction.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      Thankyou. The head lease is very old and the under lease is approx 20 years old and quite sparse in terms of its detail in general. The under lease does permit an allowance to put up a TV Ariel on the side of the building but it makes not mention at all about the loft except to say that the upkeep of the roof should be split 50 / 50 between the 2 flats. There is no management company in place. There is also no sinking fund and its clear that no work has taken place on the roof previously. My thinking was to offer the under lease holder a release from the obligation to pay a 50% upkeep on the roof if he granted the permission for the loft conversion. I was interested to know however at this stage if there was grounds for the outright refusal and also what the freeholder is likely to want.

      Comment

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