Lease variation

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    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.



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      #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.

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          #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?

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