Legal support to overcome defective lease(s)
All Leaseholder Support.co.uk members get access to our Legal Services expertise who have affordable packages to get you manageable.
Perhaps your lease
- only permits collection of service charge after expenditure has been incurred, or
- does not specify the service charge percentage per flat, the words such as "reasonable" may be all the lease says
- does not specify/nominate actual service charge collection dates
- has no express provision for collecting service charges in advance
- only allows you to collect an advance maintenance contribution equal to the current ground rent
- only allows you to demand service charges with supporting vouchers after expenditure is incurred (perhaps on demand, at the end of a quarter/year)
- only makes expenditure recoverable if certified by a surveyor/accountant
It might all have been going well when everybody kept to the informal agreement but if you now need to regularise and provide for a way forward we have the answers. After all a judge will not support you in arrears action unless you have done exactly what the lease says.
Because we are not a bank we cannot loan money to your service charge bank account to be able to support you by delivering you a strategy to draft new clauses and vary inadequate leases.
All the Client has to do is either
- get 100% consent to the proposed change then instruct us, or
- if there are more than 8 flats, get 75% to consent and not more than 10% oppose, or
- if there are less than 9 leases, get all but 1 to consent.
Our Legal Services Team will in the case of scenario (b) or (c):
- lodge an application to the Leasehold Valuation Tribunal (LVT) to invoke the provisions of Section 37 1987 Landlord & Tenant Act.
- prepare a Supplemental Lease & Deed of Variation
- seek individual lessee's mortgage companies consent to changes
- execute the Supplemental Lease & Deed of Variation
- register it with HM Land Registry so it becomes binding on all future purchasers of properties at the site
- ask the Client to prepare a service charge budget by using the Service Charge Calculator tool
- demand and collect service charges in advance of expenditure
What does all this cost?
To Leaseholder Support.co.uk members only £75 per lease + disbursements.
