Defective Leases and Leaseholds – Expert Legal Support

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.

Speak to us now

Call us directly on 01582 383888 /
02034 393888 or request a call back below...

Stay Up To Date With Our Latest News

Got a question?

We are glad that you preferred to contact us. Please fill our short form and one of our friendly team members will contact you back.





    Request a call


    X

    Covid-19 business update: We are still open for business

    We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.

    We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.

    Learn more about our exclusive services we offer to businesses impacted by Covid-19:

    Terms and Conditions*:

    • In order to be eligible for the offers, you must instruct us using
      the same email address used during the sign- up for the newsletters.
    • The email address must remain the same and used to liaise until the matter closure.
    • You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
    • You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
    • Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
    • Subscribe to our newsletter for a FREE WILL, and get 10% off Residential conveyancing fees*,