A leasehold contract grants the buyer of the property (the leaseholder) the legal right to an extended period of tenancy – anything from 99 to 999. The contract between the leaseholder and the landlord represents a legally binding agreement, which must specify all the terms and conditions that apply throughout the residency period.
However, there are instances where a leaseholder may deem one or more of the conditions in the contract to be either unfair or impractical. In which case, the lease may be declared defective.
Common areas of dispute include:
- Provisions for the recovery of money spent to benefit another property
- Provisions to repair or maintain the property
- No right for services
- No right of access
- Type of title
If you have any questions or concerns regarding a leasehold contract you are currently tied into, we can help. Contact a member of the team at Aristone Solicitors anytime to book your obligation-free consultation at our Luton office.
Amending a Defective Lease
It is often possible to request and obtain amendments to a defective lease, without involving the courts. The nature and complexity of the case will determine how simple or otherwise the matter is to resolve.
Some of the ways in which a lease can be amended to resolve a defect or dispute include the following:
- Deed of Variation: This is where the current tenant and landlord voluntarily reach an agreement to make an alteration to the lease.
- Surrender and re-grant: It’s also possible for the tenant and landlord to agree that the current lease be surrendered entirely, in order for a new agreement with amended terms and conditions to be produced and signed.
- Court application: If the tenant and landlord are not able to resolve the matter independently, the tenant may apply for a court order demanding alterations to the lease.
Prior to taking action against a leaseholder or freeholder, it is important to establish whether or not you have a valid case. Legal issues surrounding contractual law where commercial property is concerned are both extensive and complex.
If you believe any aspect of a lease you are currently tied into is unfair or invalid, we’re standing by to help. Contact the team at Aristone Solicitors anytime for more information.
