loft demise

[VincentR]

hello

have a request from co-freeholder to grant permission to them to covert the loft to which they have sole access

in their demise:
they own the roof (for which there is a shared repair and maintenance obligation),
there is no mention to loft/roof space,
the loft is not included in their floor plan
my flat water tank is in the loft

is the loft theirs to develop?

as they have been nightmare neighbours and have caused many issues with works in the past, i am very reluctant to grant permission....

thanks !!

[Richard Webster]

Please post the precise wording of the demise and/or the definition of what is included.

For instance if it was "all that first floor flat and roof" then I think the roof space must be included.

Similarly "all that upper flat from the joists supporting the first floor upwards.." would include it.

[VincentR]

Thank you Richard

Here is the wording:

1. the landlord hereby demises unto the tenant all the first floor flat which comprises the first floor of the property (including the roof and the joists and beams beneath the floorboards of the upper flat and the internal and external walls above the same level and including.....)

The lease floorplan does not include the loft and i have a water tank in the loft we have joint responsibility for the roof repairs

They propose to alter the structure of the roof and to insert dormer windows