Varying the terms of the lease
Lease Variation - Sometimes over time it is the case that both the freeholder and the flat owner both want to vary the terms of the lease and agree what needs changing. In this case we will be happy to advise on the procedure and costs involved in getting the lease changed and registered at the Land Registry. In this situation there is no need for anyone to go to court or a Tribunal or for there to be any hearings at all.
Sometimes however it may be the case that either the freeholder or the flat owner wants the lease changed but the other party does not, or they can’t agree on the actual change that is needed. In this case we would be pleased to advise you, whether you are a flat owner or the freeholder, what your rights and remedies are. It is possible to apply to the Leasehold Valuation Tribunal (an expert Tribunal set up to decide such disputes). There are some complex legal conditions that apply and we can advise whether you meet the conditions required to make an application to the Tribunal and whether the change that you seek is likely to be approved by the Tribunal. We can also advise on the process and the costs involved and who has to pay them.
If you believe a change is needed to a lease or you have been asked to agree to a change please contact us whether you are a freeholder or flat owner and we will be happy to advise and assist you further.