The answer to this question depends on the terms of your individual lease and will usually turn on one of two possibilities.
If the loft space is intended to form part of the flat, it will be included in the description of the extent of the property (often referred to as “the demise”). If the lease refers to the loft space as part of the property, it will be owned by you, and you will also be responsible for its maintenance and repair.
The other way in which you may be permitted to use the loft space is if it is referred to in the section of the lease dealing with “rights granted”. This is often found in the schedules to the lease. In such cases, you should look for a clause that grants a right to use the loft space for storage or another specified purpose.
However, it is important to note that this does not mean you own the loft space, and it should not be treated as yours. For example, you should not install insulation without the consent of the lessor or management company, nor should you place any permanent items there, such as a water tank or boiler. You should also not convert the loft space into any form of living accommodation.
If you are in any doubt, you should always seek legal advice first. Churchers has trained staff who can guide you on the terms of your lease. Please call us on 01329 822 333
https://www.churchers.co.uk/services-individuals/buying-selling-your-home/
