Lease Variation
Leases can be varied in two ways - either by mutual consent of all current parties or by application to the Leasehold Valuation Tribunal under the Landlord and Tenant Act 1987. Sometimes the provisions of leases (e.g. in service charge clauses) do not reflect the actuality or provisions are unworkable so it is desirable to vary the lease.
At SLC we can undertake such variations on your behalf by either method.
If by mutual consent then all you need to do to instruct us is to let us have a copy of the lease; details of the changes you have agreed with the tenant and details of the tenant's solicitors. We will undertake the rest. If the changes are at the instigation of the tenant then it is usually possible to insist that they are responsible for your legal fees.
If no consent to vary is forthcoming from the tenant but the lease is unworkable then it may be possible to apply to the Leasehold Valuation Tribunal for changes to the lease in specific circumstances - namely:
- An application to vary because the lease fails to make satisfactory provision for repair, maintenance, provision of services, recovery of monies expended for the benefit of tenants and the computation of service charges;
- A counter application for variation of leases of other flats with the same landlord on ground that the other leases fails to make satisfactory provision as above;
- An application to vary 2 or more leases on the ground that variation cannot be satisfactorily achieved unless all the leases are varied to the same effect;
- An application to vary leases of dwellings other than flats as lease fails to make satisfactory provision in relation to insurance.
Again - all we need is a copy of the lease or leases ; details of why the specific provisions are unsatisfactory so our specialist team can assess what the approach of the LVT will be and what the likelihood of compensation being ordered will be and who will pay any such compensation if ordered.
Contact Jan Woodland
