Can lessor change lease's provisions unilaterally?

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

    Can lessor change lease's provisions unilaterally?

    I am under the impression that the company cannot change the Lease
    Howerever the company insist they are because they should have changed the lease when they bought the freehold some years back
    They say it on the advice of the companys solicitors and he wiil carry out the
    Deed Variation whether or not we like it
    What changes the company will not disclose or produce the Letter from the solicitors

    Yes its a mad world..............................

    Any suggestion or advice would be appreciated
    Believe it or not we are a freehold share of six

    #2
    The Lease cannot be change unilaterally by the freehold company without the agreement of all the leaseholders . If you are served any documents , you would consult a solicitor ????

    If the freehold is owned by a company and you are one of the 6 members, you can serve notice calling for a company meeting ( under the Companies Act 2006) to discuss any proposed changes to the lease. Have you contacted the other leaseholders to ask what is being proposed ?

    Comment


      #3
      Gordon is right. The only way for a Deed of Variation to be completed/registered is if L and T agree and execute it. Unilateral Variation is not feasible.
      What's [supposedly] wrong with the six existing leases, anyway?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Originally posted by jeffrey View Post
        Gordon is right. The only way for a Deed of Variation to be completed/registered is if L and T agree and execute it. Unilateral Variation is not feasible.
        What's [supposedly] wrong with the six exisitng leases, anyway?
        Ground rent not high enough?

        Comment


          #5
          Originally posted by James 2009 View Post
          Ground rent not high enough?
          Are you guessing?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Is there a term in the lease allowing the freehold to amend its terms unilaterally?

            Or some sort of provision appointing fereeholder as your agent to sign a deed in the name of the leaseholder on its behalf?

            Comment


              #7
              Originally posted by dominic View Post
              Is there a term in the lease allowing the freehold to amend its terms unilaterally?

              Or some sort of provision appointing fereeholder as your agent to sign a deed in the name of the leaseholder on its behalf?
              Both are unlikely, esp. as L now thinks that 'it should have' made the change but failed to do so.It would presumably not have:
              a. foreseen this 'need'; nor therefore
              b. reserved any unilateral-change rights.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Originally posted by jeffrey View Post
                Are you guessing?

                Sorry, an attempt at humour - that's the sort of thing that the landlord might have a problem with, £50 ground rent not £500.

                Comment


                  #9
                  Balamoray: what is the supposed reason?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X