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Lease variation

Sometimes the provisions of leases are outdated and unworkable in practice. It is not uncommon for service charge provisions not to add up to 100% or for the provisions of the lease to be vastly different to the situation on the ground. Leases can be varied in two ways – either by agreement of all the parties or by application to the First-tier Tribunal (Property Chamber) (FTT) under the Landlord and Tenant Act 1987.

At SLC we can undertake variations to the lease on your behalf by either method.

Variation By Agreement

If all the parties are in agreement that a variation is required then all we require is;

  • a copy of the lease
  • details of the changes you have agreed with the tenant
  • details of the tenant’s solicitors.

We will undertake the rest.

If the changes to the lease have been requested by your tenant it is usually possible to insist they are responsible for your legal fees.

Variation By Tribunal Order

If the parties are not in agreement it may be possible to apply to the FTT for changes to the lease or all the leases within an estate where the lease fails to make “satisfactory provision” for:

  • repair
  • maintenance
  • insurance
  • provision of services
  • recovery of monies expended for the benefit of tenants or
  • the computation of service charges.

Even where the lease does make satisfactory provision, where 75% of the parties request or support the variation and less than 10% object to the variation.

Again, all we require is:

  • a copy of the lease or leases
  • details of why the specific provisions are unsatisfactory.

Our specialist team will assess what the approach of the FTT will be and whether the FTT will make an award of compensation to any party.

Leanne Donoghue
Solicitor
  • Phone: 01743 260136
  • Email: lmd@slcsolicitors.com
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