0203 102 7311     dgrey@actionforleaseholders.co.uk
The Setting Up Of A Right To Manage Company
Service Charge Disputes
Buy The Freehold
Extend Your Lease With No Ground Rent
Varying Leases
Varying Leases

We can deal with negotiations with your Landlord in connection with any variations required in your Lease. Numerous Leases were granted several years ago and may need updating, as many of the provisions are out of date or mistakes in the original terms may have been made. Examples of this are as follows:-
  1. The description of the property or definitions of the flat and common parts may be too vague or incorrect.
  2. The insurance clause may be out of date and unacceptable to your Lender.
  3. The rights for your benefit may not be sufficient for example lack of proper access to common parts, missing rights to common services or lack rights of support and shelter.
  4. Some of your covenants may be unacceptable for example, No Pets allowed or a prohibition on subletting.
  5. The Landlords covenants may be unsatisfactory for example ineffective covenant to repair the building and collect service charge, or inability to make the Landlord take action against other Lessees, if problems are being caused.
  6. The term of the lease needs to be increased for mortgage purposes.

These are just a few of the possible variations required. In most circumstances these will be dealt with by negotiation with the Landlord and a premium may be requested. The Landlord at the very least would expect the costs to be paid by the lessee. We can assist with these negotiations and the drafting of the documentation..

There are certain circumstances where an application can be made to the Tribunal or Court Section 35 -40 of The Landlord and Tenant Act 1987 The grounds for such an application involve cases where the Lease fails to make a satisfactory provision in the following areas.
  1. Repair or maintenance of the flat or Building.
  2. Insurance for the flat or Building.
  3. The repair or maintenance of the building's installations to ensure reasonable accommodation.
  4. The provision of service charge to ensure the reasonable accommodation.
  5. The computation of the service charge, which must add up to 100%

The appropriate application needs the support of a specific percentage of the Lessees, depending on the number of flats involved .It can be time consuming and frustrating liaising with all the Lessees and in many circumstances, the initial and best course of action is to let our firm approach the Landlord first to agree the relevant alterations.
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