You need to agree the change with your freeholder. If you cannot agree, then the terms of the lease can be changed in certain circumstances by making an application to the relevant tribunal.
The reason for this is that as the lease is a contract between two parties, the leaseholder and the freeholder, so both parties must agree to change (referred to also as variation) of the terms of the lease.
If you can come to an agreement about the change to the lease, you will need a solicitor to draft the deed of variation.
Generally, the person benefitting from the variation will cover the costs, usually the leaseholders. However, this depends on what is negotiated and agreed by the parties.
More information you might find useful;
- In what circumstances can I apply to the First-tier Tribunal (Property Chamber) to vary my lease?
- Is the landlord entitled to charge a fee for varying the lease?
- Application form for the variation of a lease or leases
- More Frequently Asked Questions on Lease Variations
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