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Leasehold Enfranchisement

Lease Variation Claims

There are many leases which could be deemed to be defective. For example, the lease may apportion services charges in such a way so as not to equal 100% of the total costs. In some cases, the lease does not provide for either party to be responsible for maintaining a particular part of the flat/development.

An application to the Property Chamber for the variation of a defective lease may be appropriate and our team of leasehold enfranchisement experts can assist with this.

Who can apply?

Leases can be varied at any time with the agreement of all the parties to that lease. If however agreement cannot be reached, any party to the lease may apply for its variation to the Property Chamber if the lease fails to make satisfactory provision with respect of one or more specified matters. See more on leasehold enfranchisement.

Grounds

In general terms the grounds for making an application to the Property Chamber are where the lease fails to make satisfactory provision for:

  • the repair of defects, maintenance of the building or repair of maintenance of installations;
  • the insurance of a building (subject to certain exceptions);
  • provision or maintenance for services, recovery of expenditure;
  • computation of service charges.

Applications by majority

In cases where one lease is defective it will be very common for more or all the other leases of flats also to be defective. In such a case an application for variation of some or all of the relevant leases may be made if a sufficient proportion of the parties to the lease agree.

Although the procedure seems simple there are many traps and pitfalls to avoid when making an application to the Property Chamber for lease variations. In order to avoid delays, re-drafting and amendments, our specialist team should be consulted. If you would like to discuss your lease variation case with a specialist legal advisor, please contact:

 

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