Head Lease holder and loft conversion

  • Filter
  • Time
  • Show
Clear All
new posts

  • Chris26W
    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.

    Leave a comment:

  • leaseholdanswers
    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.

    Leave a comment:

  • Chris26W
    started a topic Head Lease holder and loft conversion

    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,


Latest Activity


  • Reply to Planning for house to flat conversion
    by pilman
    That cannot be taken into account for an application for a Lawful Use Certificate.
    The evidence of 4 years use as two separate dwellings is all that is needed, because it is not a planning application and does not need to comply with an planning requirements, as mentioned in posting #7....
    26-11-2020, 14:50 PM
  • Planning for house to flat conversion
    by Hold1234
    I am interested in a property which has two flats with separate tenants already in place. The property is being sold by the family of the previous Landlord who has sadly passed. I have however been advised that there was never any planning permission to convert this property form a house to two seperate...
    23-11-2020, 15:45 PM
  • Reply to Planning for house to flat conversion
    by Aboosimbel
    Dear Hold 1234,
    In general you need to prove that the place was converted and in continuous use as such for at least 4 years to get retrospective planning and 10 years for building control. The main pieces of evidence are four years continuous and separate council tax, water, gas and electricity...
    25-11-2020, 18:42 PM
  • Secure Shed on Land Between Buildings
    by Gusrus
    I own and live in a leasehold flat. I’m looking at getting a new motorbike and although I can use bike covers and stuff but I would like something more substantial to protect it. Between the building my flat is a part of and the building next door is a section of land which is gated off at one end...
    25-11-2020, 08:38 AM
  • Reply to Secure Shed on Land Between Buildings
    by andybenw
    Not answering your question, but just to say I have 2 Asgard sheds and also advised purchase of one for a local sports club. They are great sheds. They go together easily, they are very secure, and they can be taken down, moved and rebuilt in an hour (at least the cycle sheds can).

    25-11-2020, 18:42 PM
  • Reply to Planning for house to flat conversion
    by pilman
    After 4 years the change of use from a house to two flats became immune from enforcement by the local planning authority so that the current use is lawful.

    An application for a Lawful Use Certificate will require a planning application although this is not a matter of gaining planning permission,...
    25-11-2020, 18:39 PM
  • Reply to Secure Shed on Land Between Buildings
    by pilman
    When you contact the freeholder ask if you can have a license to use the land and locate a small bike storage shed on it, That may be something that can be settled quite quickly if you agree to pays a small sum of money for a licence.
    Asking that this land be added to an existing Lease agreement...
    25-11-2020, 18:30 PM
  • Build rear extension to adjoining neighbours extension
    by gomo

    I am hoping the very knowledgeable members of this forum could clarify the following;

    My friend is proposing to build a single story rear extension to extend the existing kitchen and incorporate the side return of his mid Victorian terrace.

    Both the adjoining...
    25-11-2020, 14:30 PM
  • Reply to Build rear extension to adjoining neighbours extension
    by pilman
    Only if there is a prior agreement to link that back wall into the existing brickwork that belongs to each of the neighbours.

    You may be able to persuade the neighbours to allow that to happen since their external wall will become an internal wall kept free of weather and will not need...
    25-11-2020, 18:19 PM
  • Accesses on private driveway and planning permission
    by Fraction5
    If I have granted a right of access to a neighbours garage from my driveway, could I apply for planning permission for 5 new dwellings all with accesses from the private road which would not be adopted? I’m really asking if there can be 6 accesses or whether the garage counts as a dwelling?...
    21-11-2020, 13:32 PM