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Lease Construction
I live in the upper flat of a two flat maisonette.* I jointly own the freehold with the tenant of the ground floor flat. I have always believed that my tenancy extends to the loft and roof though the lease does not say so specifically.* It just says "all that upper flat".* The lease also requires me to maintain the demised premises "together with the roof thereof".* It is clear from other wording that the demise included the external structure of the upper flat.
I have been trying to sell the flat with a loft space that can be converted.* The co-landlord is claiming that the lease does not extend to the loft and roof.* My researches suggest I should apply to the court on a part 8 procedure for a declaration as to the correct interpretation of the lease
Can anyone tell me how much this is likely to cost and how long it would take.* It looks to me to be an academic exercise for the judge without a hearing. Thanks
I have been trying to sell the flat with a loft space that can be converted.* The co-landlord is claiming that the lease does not extend to the loft and roof.* My researches suggest I should apply to the court on a part 8 procedure for a declaration as to the correct interpretation of the lease
Can anyone tell me how much this is likely to cost and how long it would take.* It looks to me to be an academic exercise for the judge without a hearing. Thanks
