varying our leaseholder's lease

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

    varying our leaseholder's lease

    Hello

    I am new to the forum, I hope you can help.

    We are a block of 3. The freehold is held by 2 of the flats (owner occupied). Our leaseholder rents out his flat and we have had a nightmare over the years getting him to contribute to works etc.

    We feel that we are being held to ransom by an absent leaseholder who is the minority in the building as he relies on the fact that we don't want to fight and would just like to live in peace. Its frustrating that he wants the benefit of us owner occupiers that want a nice home whilst he contributes very little.

    The problem is made worse by the fact that we have a poorly worded and vague lease. Issues are arising regarding the intercom system, health and safety issues e.g. installing emergency lighting.

    Our leaseholder will never agree to it but if 2 out of 3 leaseholders (both also being freeholders) agree ... can we apply to the LVT to vary the terms of all out leases to cover issues such as health and safety obligations etc that were never in the mind of lawyers drafting the original leases? what are the risks? and costs?
    Thank you for any assistance

    Zena

    #2
    I am afraid that you cannot change the lease terms along the lines you would like without the tenant's consent.

    "he relies on the fact that we don't want to fight and would just like to live in peace"

    You have to make a decision whether you let that go on.

    Comment


      #3
      But where they do no t agree you can resort to mediation arbitration or determination by the LVT.

      Where the leaseholder will not consent to a variation you may be able to vary the lease, and corresponding leases ie the other 2, by application under section 35 and 36, and/or by majority under s37 of the landlord and Tenant Act 1987.

      The grounds would be that the leases fail to make, in broad terms, satisfactory provision for repair of the building.

      http://www.lease-advice.org/publicat...asp?item=18#19
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


        #4
        Thank you for your help.

        I don't think section 35 will apply as we are a block of 3 flats. However section 37 may be helpful. If 2 out of the 3 leaseholders agree then we can make a majority application to the LVT include the one non-consenting lease. The Act doesn't seem to state that these leaseholders cannot also be freeholders.

        I think we may need to take legal advice on whether our grounds are reasonable and cost risks.

        Thank you again

        Zena

        Comment


          #5
          Originally posted by zena View Post
          Thank you for your help.

          I don't think section 35 will apply as we are a block of 3 flats. However section 37 may be helpful. If 2 out of the 3 leaseholders agree then we can make a majority application to the LVT include the one non-consenting lease. The Act doesn't seem to state that these leaseholders cannot also be freeholders.

          I think we may need to take legal advice on whether our grounds are reasonable and cost risks.

          Thank you again

          Zena

          Erm confused by the reply; you can apply as a leaseholder or freeholder(s). if you referring to the qualifier which from memory is 3 + flats, that refers to, eg, a head lease which contains 3 or more flats in one demise, not three flats with long leases and no intervening head lease.
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment

          Latest Activity

          Collapse

          • transitioning from FTT appointed manager back to RTM
            poppyfield
            Hello,

            Would be extremely grateful for help with this from someone with experience and knowledge of RTM companies:

            I am a leaseholder in a large (30) block of flats. Up until 4 years ago the building was under RTM management (for about 10 years), but for the last 4 we have...
            11-02-2019, 06:51 AM
          • Reply to transitioning from FTT appointed manager back to RTM
            eagle2
            The appointment of a good managing agent is very important and will ease the workload of the directors as suggested above. Ideally the directors would carry out due diligence and consider 2 or 3 different managing agents and seek references from directors at other blocks before appointing an agent....
            16-02-2019, 06:55 AM
          • Replacing RMC with RTM
            Centurino
            In seven days time we have a residents meeting to decide on the future of our apartment blocks; one with nine apartments, one with four apartments, thirteen total. They are about three meters apart physically. Our freeholder liquidated in 2012 and the lender took over as default who then set up an RMC...
            11-02-2019, 16:11 PM
          • Reply to Replacing RMC with RTM
            eagle2
            When the mortgage company started to claim ground rent from you, did it supply you with proof that it had become the freeholder? If not, I would ask for evidence as you have been unable to confirm with HMLR. It cannot be the “acting freeholder”, the liquidator of the freeholder Company would have...
            16-02-2019, 06:48 AM
          • Freeholder duties
            FreeH1
            I am trying to sell my flat for which I have a shared freehold with the 2 other flats in the block.

            Today I have been informed that one of the freeholders is refusing to complete and return the TR1 (and another form I believe is the PR1?). Without this we are unable to continue with the...
            15-02-2019, 18:49 PM
          • Reply to Freeholder duties
            eagle2
            I would try to have a word with the freeholder who is refusing to complete the forms and find out her reasons. If that does not work, a strongly worded letter from the solicitor stating that you will be seeking compensation should be sent to the freeholder. Actually proving a loss as a result of the...
            16-02-2019, 06:46 AM
          • RTM to Management Company
            jimcarver
            I purchased a property in January 2018, that was supposedly managed by a RTM company. However, there have been no fees collected and the building insurance has now expired.

            There are 5 flats in the property and only 2 of us are currently looking to address the issue.

            My theory...
            15-02-2019, 02:53 AM
          • Reply to RTM to Management Company
            eagle2
            The directors should be making decisions on behalf of the RTM, so it is important to find out who are those directors. You should have a meeting of all 6 members and decide on the way forward. You may need to appoint new directors for a start. You should also try to understand why 2 members are objecting...
            16-02-2019, 06:44 AM
          • Reply to Freeholder duties
            FreeH1
            Thank you. I thought I had read that they were obliged to sign.

            The other owner is happy and willing to complete the forms. There are no issues there. It’s just this one freeholder who doesn’t appear to be willing to complete the forms.

            If if unable to sell we would lose...
            16-02-2019, 03:14 AM
          • Reply to RTM to Management Company
            jimcarver
            Thanks for your replies.
            Sorry if my terminology is confusing or incorrect.
            When I say and RTM, I mean a collective of the flat owners, when I say management company I mean management agent.

            I have since made further contact and 4 of the 6 owners (sorry the 5 above was a typo)...
            16-02-2019, 02:18 AM
          Working...
          X