Sometimes the provisions of leases are outdated and unworkable in practice. It is unfortunately 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 act for you by either method.
If all the parties are in agreement that a variation is required then all you need to do is:
- Let us have a copy of the lease
- Provide details of the changes you have agreed with the tenant
- Provide details of the tenant’s solicitors.
We will undertake the rest.
If the tenant has requested the changes then it is usually possible to insist that they are responsible for your legal fees.
By Application to the Tribunal
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:
- provision of services
- recovery of monies expended for the benefit of tenants or
- the computation of service charges.
Or 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 need 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.
Complete the form below and one of our specialists will call you to discuss:
Caution over clause claiming to vary fixed apportionments of service charge in a lease
It is fairly common for leases to permit the landlord or management company to vary...