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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32222
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We would like to buy the loft space above our flat. Can this

Customer Question

Hi, We would like to buy the loft space above our flat. Can this be done? And is this something you can help with?
JA: What are you located? It matters because laws vary by location.
Customer: Bristol
JA: Has anything been filed or reported?
Customer: No
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Property Law
Expert:  Joshua replied 14 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 14 days ago.

  1. May I confirm if you have approached the freeholder in this respect to date please?
  2. what do you want to use the loft space for?

Customer: replied 14 days ago.
1. No I havent yet.
2. Its for a loft conversion
Expert:  Joshua replied 14 days ago.

thank you. It is certainly possible for you to approach the freeholder with a proposal to require the loft space however there is no obligation of course for the freeholder to agree. Like many things I suspect it will be a question of whether you can agree a price in this regard.

If you are able to in principle agree a price in relation to the loft, if  you require the loft space for a loft conversion, it would be critical for you to also agree with the landlord permission for you to convert the loft. This is because even if you are able to acquire the loft space, there is almost certainly a provision in your lease whereby you may not carry out any alterations to your flat without consent of the freeholder and furthermore, it is likely that in order to carry out a loft conversion, you will need to also make alterations to parts of the property which are not demised to you but remain part of the structure of the property. As such, if you do not obtain consent from the freeholder to make these alterations, then you may find that you have paid money for the loft but you are still in the position where you can't do anything with it.

Customer: replied 14 days ago.
Thanks this is useful. What would be the steps in the process? Do we approach the landlord ourselves our would this be dealt through solicitors?
Expert:  Joshua replied 14 days ago.

but there is no single right or wrong way to approach the matter but initially, it seems to me an informal approach to the landlord would be the appropriate starting point. There would be no point in engaging solicitors and incurring costs before you've explored whether the landlord is open to such an arrangement

Customer: replied 14 days ago.
Thanks, ***** ***** look into that
Expert:  Joshua replied 14 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.