An individual party to a lease can make an application to a First-tier Tribunal (Property Chamber) to vary the lease under the provisions of Part 4 Section 35 of the Landlord and Tenant Act 1987. However the grounds for a compulsory lease variation are limited. The grounds under which you can make an application are:
- The lease has inadequate provisions relating to the repair/maintenance of the flat or building.
- The insurance provisions of the lease are inadequate.
- The lease has inadequate provision for the repair/maintenance of any installation required for a reasonable standard of accommodation of any flat within the building.
- The lease has inadequate provision for providing any service required for a reasonable standard of accommodation of any flat within the building.
- The lease has inadequate or no provision for the recovery of money from a party to the lease spent on maintaining the building by another party to the lease.
- The computation of a service charge detailed in the lease is inadequate. An example would be where a service charge proportion expressed as a percentage in all of the leases in respect of a building does not add up to 100%.
More information you might find useful:
- Application to the First-tier Tribunal (Property Chamber): Variation of leases
- Application Form – Application for the Variation of a Lease or Leases
- I am in dispute with my landlord but I do not want to go to Court or Tribunal. Is there an alternative?
- More Frequently Asked Questions on Lease Variations
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
