Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
We own a ground floor flat, a house converted into two flats. We own the freehold of upstairs and the upstairs flat owns the freehold of our flat, we also have a lease in place which has 988 years remaining.
In the lease description for the upstairs flat, it states that the flat comprising the first floor of the building known as ………… aforesaid shown edged in red on Plan 2 and (for identification) edged red on plan 1, and including (a) the roof of the building (including the joists above the first floor and the roof trusses and chimney stacks gutters and rainwater pipes and the drains and soakaways such as rainwater pipes) (b) the ceilings and floors of the flat and the joists and beams (if any) on which the floors are laid (c) the services solely used by the flat.
It also states that they have to keep in repair the above but subject to payment of one half of the expense of such repair from ourselves. Both leases state that we have rights in favour of the Lessee which are included in the lease (3) the right to enter the other flat in order to maintain repair or renew or rebuild such services the flat or any part of the other flat giving support shelter or protection to the flat provided that the Lessee shall: (4) the right to install and maintain a television aerial on the roof of the building and a lead connecting such aerial with the flat. All the above rights are subject to and conditional upon payment by the Lessee of his share of the expenses referred to in paragraphs (3) of the second schedule.
Please can someone advise as to whether they think from the wording of the lease that the loft space belongs to the upstairs flat? The plans edged in red just highlights the first floor and the boundaries, there is a side view of the roof space but this has not been highlighted and I’m not sure whether it would be if they were to own the loft space area?
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