Q&As

Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 16/12/2020

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.

Where an application is made to the tribunal to vary the terms of a residential lease (relating to service charge calculation), is there scope for the landlord to recover the costs of the application from the leaseholders? This is specifically in a situation whereby there are eight leases, and seven of them agree to the variation, while one does not.

Part IV of the Landlord and Tenant Act 1987 (LTA 1987) contains provisions relating to the variation of leases. By LTA 1987, s 35 any party to a long lease of a flat may make an application to the appropriate tribunal (being the First-tier Tribunal (Property Chamber)) for an order varying the lease in such manner as is specified in the application. However, this is not an open-ended power to allow the variation of a lease, as the grounds of the application must be that the lease fails to make satisfactory provision with respect to one or more prescribed matters, which relate in broad terms to the repair and maintenance of the building. By LTA 1987, s 35(2)(f), this includes in respect of the computation of a service charge payable under the

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