Lease variation

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Lease variation

    My mum bought a leasehold flat over 10 years ago. The week before she exchanged contracts, she received a letter to say that the Resident Management Company had voted at an EGM on an ordinary resolution to vary a restriction in the lease which stated that a single pet could be kept, to say that no pets could be kept. There is a clause in the lease that says that the landlord (ie the RMC) can make changes to the terms of the lease for the safety and comfort of all of the residents (or words to that effect). Through unexpected and extenuating circumstances, she now needs to look after a dog for an extended period. On that basis, I'm trying to work out if a/ the decision to add a restriction that impacts all residents can be made by an ordinary resolution (simple majority) or if it would need a special resolution (75% majority) or even if would need unanimous agreement? b/ does such a variation need to be recorded formally with a deed of variation? c/ does the variation need to be registered with land registry? (for example, if she died and we sold the flat, how would a potential buyer be aware of such a variation?)

    Thanks in advance!

    #2
    The members are entitled to pass resolutions and the one you describe would be an ordinary resolution, I would hope that there is some interim measure to allow residents adequate time to make alternative arrangements, it would be unreasonable to make a change such as that overnight.

    If the lease states that the RMC has the right to amend the rules and regulations applying to the building, it only needs to inform the leaseholders, strictly there is no need for the members to make the decision.

    Subject to the above, the RMC is not varying the terms of the lease and whenever a leaseholder wishes to sell, the rules and regulations at the time should be supplied to the prospective purchaser.



    Comment


      #3
      I think we need to see the wording of the clause which allows variation and the wording of the proposed alteration. Please quote in full.

      Comment


        #4
        The clause says: The landlord reserves the right to make such other restrictions from time to time (either in addition to or by way of variation of or substation for the se restrictions or any of them) as the landlord may deem necessary or expedient for the management care and cleanliness of the property and for securing the safety comfort and convenience of all the occupiers and any visitors to the flats comprised in the property any such other restriction as aforesaid shall be deemed to be incorporated herein.

        Comment


          #5
          eagle2,

          The management company is, though, specifically varying a restrictive clause in the lease. On that basis, I believe it needs a formal deed of variation to be lodged. Is that not correct?

          Comment

          Latest Activity

          Collapse

          • S20 - Quotes not valid for long enough for 30 day consult
            by Flatman78
            Hi LZ Community

            Just wondering if anyone's had/having any issues with S20 and allowing leaseholder 30 days to review estimates, raise concerns etc.

            Building material prices have fluctuated massively since covid and brexit.
            with a combination of Brexit, impact from russia/ukraine...
            23-05-2022, 14:42 PM
          • Reply to S20 - Quotes not valid for long enough for 30 day consult
            by Macromia
            With just two properties involved, and you being a resident, your best option would probably be to agree a time to talk through the proposed work and the need to skip the full 30 days that are supposed to be allowed for each stage of consultation.
            If the other leaseholder has any major concerns,...
            25-05-2022, 02:52 AM
          • Freehold confusion
            by davetg
            30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
            24-05-2022, 14:29 PM
          • Reply to Freehold confusion
            by sgclacy
            Your friend may not have to have his ID confirmed as the consideration will be far less than £5,000 and if he did form ID5 makes life a lot easier as it can be done via a video link...
            24-05-2022, 19:59 PM
          • Reply to Section 20
            by Anna1985
            3, it feasible but we have already enforce the lease via small claims process, due to failure to pay for upkeep.
            so, we would be going again but just really need to understand what is allowable and what is not...
            24-05-2022, 18:56 PM
          • Section 20
            by Anna1985
            So the lease allows for the property to be kept in good condition.
            Thus, the shared hall could be spruced up no problem, but there is an issue with driveway - partially it belongs to the freeholder, partially to the ground floor leaseholder - it is made out of the old paving stones, it looks...
            22-05-2022, 21:03 PM
          • Reply to Old managing agents accounts
            by jazzythumper
            So the only statement we have shows, the significant arrears of the aforementioned leaseholder, the only accounts we have ever received at handover were the balances and arrears of each leaseholder. This was never accounted for against actual costs. I presume we should have had this information. Can...
            24-05-2022, 16:27 PM
          • Old managing agents accounts
            by jazzythumper
            Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
            20-05-2022, 11:21 AM
          • Reply to Freehold confusion
            by davetg
            Thanks for the reply - both flats have separate 999 year leases so i guess the freehold is of little value. I will look in to TR1.

            I have always insured my flat separately and assumed the other flat was doing the same - is this a problem?...
            24-05-2022, 14:48 PM
          • Reply to Old managing agents accounts
            by jazzythumper
            Thanks, I’m not sure that has been provided, if it hasn’t can we force them to produce this?

            Would it be a simple case of sending a letter with a timescale to respond and if not received followed by the magistrates route?...
            24-05-2022, 14:39 PM
          Working...
          X