Lease contract

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    Lease contract

    Hi,
    I have only just discovered that my lease does not contain two paragraphs which are in the other leaseholders contracts, would this be a solicitor conveyancing mistake and how to best resolve as obviously I don't want to accept anything which is prejudicial against my interests, do we we need a lease variation and how can werely on which contract now?

    #2
    What is the subject matter of the missing paragraphs

    Comment


      #3
      it is to do with service charges in the sixth schedule making payments ...I shall get hold of the paragraph and quote it on here thanks

      Comment


        #4
        Your lease is what it is. The fact that it differs may be irrelevant -- but it depends on what you are talking about exactly and whether the lease makes sense without the paragraphs. Maybe you don't need to pay service charges??

        Comment


          #5
          As Andrew says, what is in your lease ilefar more important than what might have been left out.

          The different leases within a block don't necessarily have to all be the same, so it may be that you can just ignore whatever those paragraphs say.

          On the other hand, it may depend on whether the paragraphs have obviously been omitted from your lease in error.
          Is it just your copy of the lease that doesn’t have the paragraphs? What about the copy held by the land registry?
          Does your lease make any reference to the missing paragraphs?

          Comment


            #6
            What was intended between the parties when the lease was drawn up and what has happened since you became a party to the lease are also relevant factors.

            Comment


              #7
              Pending seeing what the missing clauses say:

              It looks like a mistake in the preparation of the lease document for signature. That would be unusual today, but entirely possible in the days before word processors when every lease had to be typed out individually.

              Subject as mentioned in the next paragraph, the mere fact that one lease is different from all the others in a development is not on its own a justification for changing it. If both the current landlord and tenant are the original parties to the lease, then either can apply for rectification on the grounds that the lease does not reflect what was agreed. In any other case rectification is not available. It them may come down to whether the lease makes sense without the missing clauses.

              In certain cases an application can be made to the tribunal to vary a lease as set out in Part IV of the Landlord and Tenant Act 1987.

              Comment

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