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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14270
Experience:  I have been practising for 30 years.
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I have a mortgage on my housing association flat with 75

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I have a mortgage on my housing association flat with 75 years left on the lease. The lease says that the HA is responsible for the roof repairs, so who owns the loft space above my flat
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the flat located?
Customer: Hornchurch, Essex, purpose built
JA: Anything else you want the Lawyer to know before I connect you?
Customer: hoping to get permission to extend into the loft,

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

do you have a copy of the lease?

Customer: replied 7 days ago.
Yes, I do have a lease document. Property was previously a share ownership property. I have a mortgage on 100%.
Customer: replied 7 days ago.
I have looked through the lease and found in schedule 3 the rights of demise but no mention of loft space other than HA is responsible for the roof if top floor flat

You would need to look at the lease which is the definitive document.

Your property would normally finish halfway through the floor joists and halfway through the ceiling joists.

The floor plan will not normally assist somewhere there will be a description of either the Premises or the Property or the Building or the Leased Property.

If there is no mention of the loft space them by default, it is not included and you would need the freeholder to grant you a lease of the loft. Very often, they would do so if you assumed responsibility for the roof. However they are under no obligation to do so at all or at any price. You cannot compel them to do so and you cannot compel them to do so at a price if they simply don’t want to.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

Customer: replied 7 days ago.
Thank you for your reply. In order to proceed with seeking permission to use the loft and build a dorma, would I need to extend my lease with 75 years remaining then ask to convert the loft or at the same time. By showing my interest in the loft will the charge on extending my lease increase.

It depends on how the landlord wished to proceed with it.

It could be a variation on your existing lease for which there is a statutory formula based upon the years remaining and the value of the property which would obviously increase it also included the loft

Or

if the landlord granted a separate lease of the loft space although the addition of the loft space is going to make your own house more attractive so the landlord could get more money for extending the lease.

That reason, it’s probably better to extend it before asking.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

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Thank you.

Best wishes

 

 

 

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