Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Converting the attic into a bedroom

Land, Registered Land, Planning law etc.

Re: Converting the attic into a bedroom

Postby atticus » Sat Sep 19, 2015 7:54 pm

Q1. Almost certainly, yes.

Q2. If the company has acted within its powers, this would, I think, be a matter between the aggrieved shareholder and the company.
User avatar
atticus
 
Posts: 20268
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Converting the attic into a bedroom

Postby theycantdothat » Sat Sep 19, 2015 10:05 pm

It is entirely possible that your flat includes the attic even if the lease does not say so. See the posts by Lawcruncher (= me) in the following threads:

http://www.landlordzone.co.uk/forums/sh ... emium-help

http://www.landlordzone.co.uk/forums/sh ... d-a-value-£0-of-the-loft

http://www.landlordzone.co.uk/forums/sh ... loft-space

http://www.landlordzone.co.uk/forums/sh ... t-question
theycantdothat
 
Posts: 1193
Joined: Fri Nov 02, 2012 7:36 pm

Re: Converting the attic into a bedroom

Postby victoriana » Sun Sep 20, 2015 7:21 am

As I am a director with an invested interest in converting the attic (roof/airspace), would I have to sacrifice my vote at a board meeting to vote on consent to avoid a conflict of interest?
victoriana
 
Posts: 154
Joined: Tue May 19, 2015 9:41 pm

Re: Converting the attic into a bedroom

Postby atticus » Sun Sep 20, 2015 7:54 am

The answer will be in the articles of association.

Edit- unless the articles provide that a director who declares an interest may vote, you may not.
User avatar
atticus
 
Posts: 20268
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Converting the attic into a bedroom

Postby theycantdothat » Sun Sep 20, 2015 8:39 am

victoriana wrote:As I am a director with an invested interest in converting the attic (roof/airspace), would I have to sacrifice my vote at a board meeting to vote on consent to avoid a conflict of interest?


It is important to get clear that there are two classes of decisions:

1. Decisions where the company has a discretion. For example, if you do not own the attic the company has a discretion as to whether to sell it to you.

2. Decisions where the room for manoeuvre is limited because the company must act reasonably. For example, if you own the attic and the lease says that alterations are allowed with consent then the consent must not be unreasonably withheld. The fact that the company's shareholders are also leaseholders has to be disregarded and the decision reached objectively.
theycantdothat
 
Posts: 1193
Joined: Fri Nov 02, 2012 7:36 pm

Re: Converting the attic into a bedroom

Postby victoriana » Sun Sep 20, 2015 12:18 pm

There is a clause in the lease which states that any alteration is strictly prohibited. There is no mention that the company must not withhold consent unreasonably. Could these two points be a barrier for me or are they irrelevent once the company provides consent?
victoriana
 
Posts: 154
Joined: Tue May 19, 2015 9:41 pm

Re: Converting the attic into a bedroom

Postby atticus » Sun Sep 20, 2015 3:18 pm

This will cease to be a problem IF the company consents.
User avatar
atticus
 
Posts: 20268
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Converting the attic into a bedroom

Postby victoriana » Sun Sep 20, 2015 3:45 pm

Just trying to make sure no stone goes unturned. My flat is one of two with access to the attic area. To clarify, there are effectively 2 attics which are completely separated. Could this factor in anyway interfere with my application for consent?
victoriana
 
Posts: 154
Joined: Tue May 19, 2015 9:41 pm

Re: Converting the attic into a bedroom

Postby dls » Sun Sep 20, 2015 5:00 pm

Go back a bit to TCDT.
The way the leases operate, particularly as regards rooves is decisive.
The consequences of getting it wrong can reach much further that wasted expenditure. The lease may for example become unsaleable.

It is worth getting a solicitor to look at it and help you decide what you own and do not own and what you can and cannot do.

If you took over responsibility for the repair of that roof, that could be a good reason for the other owners to agree.

If you do not own the space, a further new lease to you of that space might go a long way to solving the other problems.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12385
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Converting the attic into a bedroom

Postby theycantdothat » Sun Sep 20, 2015 6:10 pm

If you instruct a lawyer you need to make sure he is on the ball and considers section 62 if necessary.

If you do not own the attic and it is agreed you can buy it you need to ensure that all the consents you need are included in or granted at the same time as the new lease. And it is a new lease you need as you cannot extend what is included in a lease without one. Either you take a supplemental lease of the attic expressed to be on the same terms as the existing one with such changes as are necessary, or you take a new lease of everything.

Bear in mind that once the landlord's professional advisers get involved they may start to scent gold and you could rack up some hefty fees. Sometimes it is literally cheaper to sell and buy something bigger.
theycantdothat
 
Posts: 1193
Joined: Fri Nov 02, 2012 7:36 pm

PreviousNext

Return to Land Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron