Q&As

Can a freeholder be prevented from charging excessive fees for a deed of variation to adjust the rent of a long lease to avoid the risk that it may become an assured shorthold tenancy?

read titleRead full title
Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 23/05/2018

The following Property Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Can a freeholder be prevented from charging excessive fees for a deed of variation to adjust the rent of a long lease to avoid the risk that it may become an assured shorthold tenancy?
  • Long leases and ASTs
  • Deeds of variation
  • Recourse to the First-tier Tribunal/Leasehold Valuation Tribunal

Can a freeholder be prevented from charging excessive fees for a deed of variation to adjust the rent of a long lease to avoid the risk that it may become an assured shorthold tenancy?

Long leases and ASTs

Assured tenancies (ATs) were established by the Housing Act 1988 (HA 1988). Assured shorthold tenancies (ASTs) are a type of assured tenancy. HA 1988, s 1(3) provides that a tenancy cannot be an assured tenancy if it falls within a number of circumstances described in HA 1988, Sch 1, Pt I.

Included in HA 1988, Sch 1, Pt I within the list of tenancies which cannot be an AT are (at paragraphs 3A and 3B (HA 1988, Sch 1, Pt I, paras 3A, 3B)) tenancies with a low rent. The precise level of rent concerned is set out in those paragraphs.

Deeds of variation

Parties to a lease (ie the freeholder and the leaseholder) are entitled to enter into a deed of variation in order to vary the lease.

Where the leaseholder approaches the freeholder, and invites them to agree to a variation of the lease, the freeholder may specify that they will only agree to the variation if the leaseholder pays their (the

Related documents:

Popular documents