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Apr, 2014

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  1. #1

    Default varying our leaseholder's lease

    Hello

    I am new to the forum, I hope you can help.

    We are a block of 3. The freehold is held by 2 of the flats (owner occupied). Our leaseholder rents out his flat and we have had a nightmare over the years getting him to contribute to works etc.

    We feel that we are being held to ransom by an absent leaseholder who is the minority in the building as he relies on the fact that we don't want to fight and would just like to live in peace. Its frustrating that he wants the benefit of us owner occupiers that want a nice home whilst he contributes very little.

    The problem is made worse by the fact that we have a poorly worded and vague lease. Issues are arising regarding the intercom system, health and safety issues e.g. installing emergency lighting.

    Our leaseholder will never agree to it but if 2 out of 3 leaseholders (both also being freeholders) agree ... can we apply to the LVT to vary the terms of all out leases to cover issues such as health and safety obligations etc that were never in the mind of lawyers drafting the original leases? what are the risks? and costs?
    Thank you for any assistance

    Zena

  2. #2
    Join Date
    Jun 2008
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    Andalucía
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    9,008

    Default

    I am afraid that you cannot change the lease terms along the lines you would like without the tenant's consent.

    "he relies on the fact that we don't want to fight and would just like to live in peace"

    You have to make a decision whether you let that go on.

  3. #3
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
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    13,704

    Default

    But where they do no t agree you can resort to mediation arbitration or determination by the LVT.

    Where the leaseholder will not consent to a variation you may be able to vary the lease, and corresponding leases ie the other 2, by application under section 35 and 36, and/or by majority under s37 of the landlord and Tenant Act 1987.

    The grounds would be that the leases fail to make, in broad terms, satisfactory provision for repair of the building.

    http://www.lease-advice.org/publicat...asp?item=18#19
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  4. #4

    Default

    Thank you for your help.

    I don't think section 35 will apply as we are a block of 3 flats. However section 37 may be helpful. If 2 out of the 3 leaseholders agree then we can make a majority application to the LVT include the one non-consenting lease. The Act doesn't seem to state that these leaseholders cannot also be freeholders.

    I think we may need to take legal advice on whether our grounds are reasonable and cost risks.

    Thank you again

    Zena

  5. #5
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
    Posts
    13,704

    Default

    Quote Originally Posted by zena View Post
    Thank you for your help.

    I don't think section 35 will apply as we are a block of 3 flats. However section 37 may be helpful. If 2 out of the 3 leaseholders agree then we can make a majority application to the LVT include the one non-consenting lease. The Act doesn't seem to state that these leaseholders cannot also be freeholders.

    I think we may need to take legal advice on whether our grounds are reasonable and cost risks.

    Thank you again

    Zena

    Erm confused by the reply; you can apply as a leaseholder or freeholder(s). if you referring to the qualifier which from memory is 3 + flats, that refers to, eg, a head lease which contains 3 or more flats in one demise, not three flats with long leases and no intervening head lease.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

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