LEASE advised a firm of managing agents who were having difficulties recovering service charges.

The lease had originally been granted by a local authority but was subsequently acquired by a private freeholder. However whilst the landlord had changed the lease had not. LEASE reviewed the lease which stated that the service charge amount had to be certified by the chief financial officer of the Council. As it was not possible for the new freeholder to satisfy this condition payment of the demand was resisted.

We advised that the lease should be changed and that one of the grounds for seeking a variation order at the Leasehold Valuation Tribunal (LVT) is the lease failing to make satisfactory provision for the recovery of expenditure. The Tribunal ordered the lease to be varied to provide that the service charge be certified by the landlord or his agent.

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LEASE is governed by a board, appointed as individuals by the Secretary of State for the Ministry of Housing, Communities & Local Government.

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