Someone I know has put their top floor, purpose built flat on the market and a potential buyer has asked a number of questions but have not made an offer.
Google/AI says "when a potential buyer asks about the attic in a leasehold property sale, you should obtain the answer from your solicitor (but they haven't appointed one yet) who will likely request the information from the freeholder or managing agent through the Leaseholder Information Pack (TA7).
The potential buyer is asking whether the attic space is, in the deeds, as within the demise of the property for the flats use?
The importance being in case the freeholder ever wanted to add another story or two and also would they be the only one that has access to that loft to store things?
Alternatively, does the freeholder have access if needed which means it is not a private loft?
They contacted the managing agent who said "I do not have a copy of the flat lease on file, but have checked next door's recently sold flat and it states that the demise covers "all or part of the roof space" for construction of the flat (Clause 1).
The flat's boundaries extend to the underside of the floor joists and ceilings, excluding structural elements above.
They contacted the Land Registry who said that they could see no carved out leases re the loft and therefore their opinion was that the freeholder owned the loft space.
Basically, they are not sure where to go from here to expedite matters.
As they don't 100% understand the possibly conflicting answers.
Do they appoint a solicitor and ask them these questions when the potential buyer hasn't even made an offer?
Assuming this may take weeks to get a response.
Do they go back to the letting agent?
What should they do?
NB The flat is mortgaged to a high street bank.
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It's a reasonable question from the buyer, and a question that the managing agent, on behalf of the freeholder, should be able to answer easily. They might charge an admin fee for this, but wouldn't be much.
No-one says anything (managing agent/ freeholder is fairly hands off), and no-one needs to know for these circumstances, was the approach I took overall I think.
It could do with decent insulation and if I had spare cash I would probably do that though strictly speaking expect i could also ask managing agent to undertake for the whole block, but then that would interfere with what I store up there and I'd rather not involve anyone.
Edit to add, as your friend is seller, they should have copy of their lease and shouldn't really need a solicitor to clarify what is probably some pretty clear text in the lease, even if ambiguous in effect (if same as mine). I would quote that text to the buyer if found in lease and let them consult their own solicitor.
If they own the flat & trying to sell it then I'd imagine its a question that will come up from other potential buyers, so I cant see the harm in asking their solicitor to start the process.....as if & when they do sell it then I'd expect it will be a question that will need answering at some point (assuming it is raised by either the buyer or the buyer's solicitor)
The Land Registry offering their opinion that the loft space belongs to the freeholder and the managing agent (based on the next door deeds which they hold), suggesting that the loft space belong to the leaseholder?
Thanks for replying but can you see the issue if you reread my post?
https://www.gov.uk/government/publications/hm-land-registry-service-standards/our-service-standards
Should their next move be to go back to the managing agent and ask them to obtain a copy of the lease?
Should they ask their estate agent what to do?
Should they contact their mortgage provider?
Should they appoint a solicitor (expect this would not get a speedy answer)?
Thank you.
The Land Registry said that there was no carved out lease for the loft space and therefore the freeholder owned the space.
Yet my (possibly wrong) interpretation re the managing agent's comment on the next door flat (which they have a copy of the lease for on file, but not for my friend) is that the demise is the leaseholders (unless I'm wrong).
So they appear to be giving conflicting answers and he doesn't know what to do as is going round in circles.
Thank you.
Can get it from land registry website for £3.
None of the other parties you cite would, could, or should help, except his own solicitor but as you say that would cost and take time and really no need.
Thank you for your assistance.
@Covered End
Sorry, have reread properly this time. The way I read it, the managing agent's response was effectively "maybe, maybe not". Basically, not very useful.
The Land Registry thinks the freeholder owns the loft. They are more likely to be correct than the managing agent. Lease plans are quite clear about the areas that belong to each apartment (apart from when a mistake has been made, which does happen).
The lease itself may well contain information that makes the situation clearer - for example, it might contain details of the freeholder's rights of access to the loft when maintenance is required.
I think your friend should forward the responses he's received to the potential buyer, and it's then up to him whether he wants to take a view based on what he's read, or appoint a solicitor of his own to investigate further. For what it's worth, from what you've written, and from what I know about leasehold properties, it sounds like the loft belongs to the freeholder. It's more common for the roof and loft space below it to be considered communal areas than it is for the loft to be demised to the property below. A flat I bought in Catford a few years ago, the previous owner had bought the loft space from the freeholder, and it was very clear on the lease plan that the loft belonged to the flat.
It's very frustrating that these things are not straightforward. Everything to do with buying and selling property in England is far more complex and time consuming than it needs to be.
At the moment the managing agent's response is "if you are in any doubt your solicitor should be able to advise".
I told my friend to ask again and if he doesn't get an answer to ask for the most senior person and if still unsuccessful ask for contact details of the freeholder.
Yes he can simply forward a copy of the lease to the potential buyer, but it still leaves him not actually knowing himself (even though he's hopefully moving out).
I’d suggest your friend getting advice from whichever Solicitor he will use once a sale is eventually agreed. It will give him a definitive answer.
But I'm not sure why the potential buyer needs to get a definitive answer right now before they've even put in an offer. Is the attic space so big it will be an absolute deal breaker if it's not included?
If your mate doesn't want to incur the cost of finding out for sure right now - and why should he if this buyer is maybe just messing him about? - then my answer would be to just answer honestly, ie "Not sure, but I've always used it so I think/believe/assume it's included".
1 That it may not be a private loft and the freeholder has access to the loft.
Answer - the only access is via the loft hatch in the flat.
2 That they would be the only one to have access to the loft to store her things or could the freeholder if needed, meaning it's not a private loft.
Answer - it's not even boarded so no one could store anything up there.
However, we're still unsure whether it's within the demese, which wasn't important to my friend, even though my friend does have sole access.
3 Is the attic space in the deeds as within the demise of the property for the flat's use.
Important in case the freeholder ever wanted to add a storey or two.
Answer - don't know.
No idea other than the above, but we only know they are very interested but haven't put in an offer.
The attic space is self contained for the flat, smallish and unboarded.
She has been sent a short video of it.
It's not used because it's just rafters? and insulation.
They have already been told we're not sure etc.
Thanks for your input.
Good luck
Anyway chat gpt confirms the flat’s demise does not include the loft.