© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
© 2025 News On The Block. All rights reserved.
News on the Block is a trading name of Premier Property Media Ltd.
Many leases are often poorly drafted and defective.
For example, the lease may not specify the party responsible for some repair and maintenance within the demised premises, or who pays for work that needs to be done or more commonly, may allocate service charges in proportions that do not add up to 100%. Landlords, leaseholders and property managers should know that remedies are available to resolve a defective lease situation.
Generally, there are two ways to vary leases:
Any party to the lease may apply to the LVT. This includes a Right To Manage Company that has acquired the right to manage but does not include a management agent, even one appointed under Section 24 LTA87.
Under Section 35 there are a number of grounds on which an application for a lease variation may be made, where the lease has failed “to make satisfactory provision” for things such as:
The Tribunal applies an objective test. The fact that an applicant would wish the lease to be drafted differently is not enough.
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Once an application has been made, any other party to the lease may apply to the LVT to vary other leases if any Order is made varying the original lease. In practice, these applications are often sensibly used by the landlord as an opportunity to vary all leases uniformly. However, if the landlord wished to make additional variations to those sought in the original application, a new application must be made.
Alternatively, an application can be made to the LVT if a sufficient proportion of the parties to the leases agree.
Such an application may only be made if the object of the variation cannot be satisfactorily achieved unless all leases are varied to the same effect. A Section 37 application is not restricted to the grounds required to be fulfilled by Section 35.
A Section 37 application may be made by the landlord or any of the tenants under the leases, providing all leases are with the same landlord and it is supported by a minimum number of parties to the various leases involved. Where someone is a party to more than one lease, (s)he will count as more than one party. Joint tenants of a lease count as one party.
Where there are fewer than nine dwellings, then all, or all but one of the parties to the leases must agree. Where there are more than nine dwellings, at least 75% of the parties must consent and no more than 10% may oppose the application.
Health Warning!
Proposed lease variations should be drafted by a legally qualified person - especially to avoid the lease ending up in a worse state that prior to the application!
For further information regarding this article, contact Roger Hardwick, Head of Leasehold Enfranchisement, Brethertons Solicitors.