What to do?

(13 Posts)
noddyholder Wed 27-Feb-13 15:27:43

I have been buying and renovating houses for years and we have just been in the process of buying a flat for us not a project. I went to sign the lease today and have found out that the flat which is the 2 upper floors of a large victorian house doesn't own the loft. We checked with the seller twice before we offered as it was a deal breaker for us and I have 2 emails from the agent saying yes the loft is def in the demise of the lease. Now today our solicitor has gone through it with a fine tooth comb and definitely not included. I don't know whether to try and get a bit of money off and still go ahead and renovate it to sell or let it go. I don't want it for us without the loft conversion and don't want to pay the woman below for the loft as we are paying enough!

WhataSook Wed 27-Feb-13 16:16:13

I would leave it. Your remit was a house for yourselves, not one to do up and sell and it doesn't fit what you need.

Do you the think the sellers lied or really didn't know the loft wasn't theirs?

noddyholder Wed 27-Feb-13 16:24:21

It needs a complete refurb as well which is fine its what I do but we really loved it. We checked about 3 times and asked him to check before we made the offer the solicitor and agent both say he lied so disappointed. We are in a crappy damp rental so tempted to just get another rental and sod it (but love the road)

WowOoo Wed 27-Feb-13 16:26:19

How they get access if they needed it?

I'd leave it. You'd think that they could have made that clear from the start.

Hope you find somewhere else soon.

noddyholder Wed 27-Feb-13 16:54:34

They can't get access to it as they would have to come through our private front door The loft just isn't assigned on the lease.We share the freehold so theoretically we could buy the rights to it.

noisytoys Wed 27-Feb-13 17:09:30

I'd pull out. If they lied about this (which is obvious just by glancing at the paperwork), what else are they lying about?

PigletJohn Wed 27-Feb-13 17:19:52

is the lower flat required to pay all the costs of maintaining the loft, or just half?

noddyholder Wed 27-Feb-13 17:45:54

They have to pay 1/3 as the upper is much bigger. I have seen all the other stuff and am satisfied with everything else but won't be able to extend without buying the lower flat out. Its location really that I love.

MisForMumNotMaid Wed 27-Feb-13 17:49:49

Could you leave your offer on the table on the proviso the current owner buys the loft access he says he had?

noddyholder Wed 27-Feb-13 18:21:47

Yes I could but I really don't want anymore delays as it has taken ages and our rental is making us all ill!

jammybean Wed 27-Feb-13 18:31:53

Another option is to get in touch with the lower flat direct and see if they are willing to sell the loft access. Then lower your offer to the vendor accordingly.

notcitrus Wed 27-Feb-13 18:45:35

By coincidence, SIL was about to offer on a flat (ex-council) which the owner and agent said included the loft space. DH decided to phone the council to ask if permission to convert the loft space was likely to be granted, and found that in fact the council still owned all the loft space in that estate - but they would be delighted to sell the space over the flat for £10k.

I do wonder what the council told RTB tenants 20 years ago...

noddyholder Wed 27-Feb-13 18:48:00

I don't know if we have time to start a whole new ball rolling! We were due to exchange and complete within 7 days and now it would be hugely delayed. I have decided either he lowers the price a bit so we can offer lower flat £ once we are there or pull out and rent again. The current rental is very very damp and we can't stay here

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