Neighbours lease

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    Neighbours lease

    Is it possible to gain access to a neighbours lease? Can I go to the land registry as an individual?
    Do I have any options if they don't have it on file?

    Thanks

    #2
    You can apply to the Land Registry. You can also enquire from the freeholder or management company or the managing agent if the terms of the other leases are similar to yours. Your solicitor should have made similar enquiries when you purchased the property.

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      #3
      All the leases in the same building should be the same except for annual ground rent and % contribution to the service charge account.

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        #4
        Hopefully, the service charge contributions will add up to 100%, but that is not always the case.

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          #5
          What do you want to know ?

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            #6
            Originally posted by pipulus View Post
            Is it possible to gain access to a neighbours lease? Can I go to the land registry as an individual?
            Do I have any options if they don't have it on file?

            Thanks
            Yes..from Land Registry, there is a summary version for £3 but full one is/was £27 i think
            Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

            I do not accept any liability to you in relation to the advice given.

            It is always recommended you seek further advice from a solicitor or legal expert.

            Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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              #7
              Originally posted by Gordon999 View Post
              All the leases in the same building should be the same except for annual ground rent and % contribution to the service charge account.
              That isn't necessarily true at all.
              It is hypothetically possible for every single detail to be different in all leases in a property - although that would generally be unlikely. In my lease the % contribution to the service charges is the only detail that has to be the same.

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                #8
                Every leaseholder is committed to pay into the same service charge account. If the service charge was to cover different expenses for each leaseholder, then each leaseholder would have grounds for refusing to paying service charges.

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                  #9
                  It is quite possible for leaseholders to contribute towards different service charges, I recall a freeholder changing some leases in order to allow a reserve fund to be collected and that resulted in only some leaseholders contributing to that fund.

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                    #10
                    The original question has been answered by eagle2 and andydd. If the Land Registry hold a copy of a lease anyone who wants a copy is able to purchase one.

                    Alternative ways of getting hold of a copy of a lease include asking the leaseholder, or the freeholder, to provide you with a copy - although, depending on the circumstances, they may not be willing to do this.

                    "Why you want to know", as Section20z asked, can be important if you can't get a copy of a lease from the Land Registry.



                    Originally posted by Gordon999 View Post
                    Every leaseholder is committed to pay into the same service charge account. If the service charge was to cover different expenses for each leaseholder, then each leaseholder would have grounds for refusing to paying service charges.
                    Not at all.
                    Each leaseholder is committed to paying what is required by the terms of their lease, no more, no less.
                    A leaseholder does not have legitimate grounds to refuse to pay just because other leaseholders are not paying the same amount, or contributing towards the same costs (the other leaseholders may not be required to pay the same).
                    It would not be particularly unusual, for example, for top floor leaseholders to be the only ones required to contribute towards the costs of roof repairs, while ground floor leaseholders instead are the only ones required to contribute towards ground level repairs (although it might perhaps be the case that in most properties all costs are split between all leaseholders in a block).

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                      #11
                      Originally posted by eagle2 View Post
                      I recall a freeholder changing some leases in order to allow a reserve fund to be collected and that resulted in only some leaseholders contributing to that fund.
                      This is a possibility every time that leases are extended, or changed for some reason.
                      No leaseholder can be obligated to accept a change in the terms of their lease unless it is as a result of a court/tribunal decision. However, all leaseholders can voluntarily accept changes to their lease.
                      In a situation like the one described, if leaseholders do accept voluntary changes to their leases they need to make sure that the changes still ensure that they pay the same proportion overall.
                      If only some of the leaseholders are contributing to a reserve fund, they need to be sure that the leaseholders who aren't contributing will also pay an appropriate share of any costs that the reserve fund is put towards.

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