varying our leaseholder's lease

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

  • zena
    started a topic varying our leaseholder's lease

    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

  • leaseholdanswers
    replied
    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.

    Leave a comment:


  • zena
    replied
    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

    Leave a comment:


  • leaseholdanswers
    replied
    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

    Leave a comment:


  • Lawcruncher
    replied
    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.

    Leave a comment:

Latest Activity

Collapse

  • Liability for costs?
    Harwood
    I live in a block of four flats, 2 ground floor, 2 first floor.
    The other 3 flats share a communal hallway/stairs, we have a private entrance ( a maisonette i believe - why do i feel all Hyacinth Bouquet!)

    Anyway, within my lease i have no covenant giving me any kind of responsibility...
    18-10-2019, 19:18 PM
  • Reply to Liability for costs?
    scot22
    My comments on #2 were made too soon. Still believe you're O.K !
    Other posts have been valuable. I understand now where you are coming from and wish you well....
    20-10-2019, 20:20 PM
  • Reply to Liability for costs?
    Harwood
    To paraphrase the upstairs flats lease covenant;

    as and when necessary pay a fair proportion the cost of keeping in good repair__________________________

    The structure of the building so far as it comprises flat 5,6,7, 8, and in particular but without prejudice to the generality...
    20-10-2019, 18:22 PM
  • Visitor Parking Dispute and Unreasonable Behaviour
    uoeno
    Hello. I am the owner of a residential apartment, which I use as my main residence, which is managed by a property management company, to whom I pay a monthly service fee, and a residents management company, of which the PMC is one of the directors. The freehold of the land is owned and managed by a...
    15-10-2019, 15:50 PM
  • Reply to Visitor Parking Dispute and Unreasonable Behaviour
    scot22
    You are absolutely right. Perhaps a limitation of forums is generally being unable to have a full picture.
    20-10-2019, 16:17 PM
  • Case law damp
    scot22
    I know I've posted many times on this subject, apologies.
    The issue is tanking first floor flat where none has existed. External wall has been carefully maintained. I have searched but not able to find any cases.
    Also could freeholder be liable for any internal work such as plaster....
    01-10-2019, 09:04 AM
  • Reply to Case law damp
    scot22
    Thanks for the detailed response. Unfortunately we did have one of the PCA members. Work suggested was incredible.
    Unfortunately we are not anywhere near London. Majority of people have said tanking only for cellars or basements and tanking first floor flat would be detrimental for the rest...
    20-10-2019, 16:12 PM
  • Reply to Case law damp
    Stacker
    Damp surveys in London and the South East

    16th November 2016



    It is that time of the year again when we are inundated with requests for damp surveys in London. It's all to do with temperature and moisture content of the air. All of a sudden, the heating goes on. As the
    ...
    20-10-2019, 15:36 PM
  • Reply to Liability for costs?
    AndrewDod
    Agree with that. The lease is what the lease is. The original purchaser bought it and paid a price based on what it is, whether that was in error or otherwise.

    It would be pretty outrageous if it were "corrected" in retrospect without compensation and without agreement. The only...
    20-10-2019, 14:42 PM
  • Reply to Liability for costs?
    leaseholder64
    Do the other leases specify a proportion of the cost of repairing the roof? If the split is discretionary, I don't see how the lease would be ruled defective, or how you could be forced to pay for the roof.

    Have you looked at other ground floor lease? If it includes paying for the roof,...
    20-10-2019, 14:13 PM
Working...
X