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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9324
Experience:  I have been practising for 30 years.
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The residents association of an apartment block own the freehold.the

Resolved Question:

the residents association of an apartment block own the freehold.
the original freeholder issued leases to about 10% of the leaseholders with an
amended covenant. The leases state that all leaseholders are bound are the same covenants.
What rights does the Freeholder have to harmonise all the leases?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
Could you explain your situation a little more please?What was the original covenant?What is the amended covenant?What is the reason behind this?
Customer: replied 1 year ago.
I am a Director of a Residents Association for an apartment block.
The Freehold was originally held by the developer of the apartment block but
was subsequently transferred to the Residents Association.
The original lease which +90% of the leaseholders have says that the lessee covenants
with the lessor and the management company that the lessee shall not underlet or part
with possession of the demised premises as a whole (except on an Assured Shorthold Tenancy).
The lease states that all other leaseholders are bound by the same covenants.A property agent arranged with the developer of the flats, who was also the original freeholder,
to amend the leases for about 10 % of the flats so that the above covenant stipulating sub letting only ( on an AST)
changes to ( except on a furnished tenancy or an unfurnished tenancy of not more than 3 years).
The amended lease also states that all leaseholders are bound by the same covenants.As Freeholders we would like to deal with this anomaly and make all leases consistent
Expert:  F E Smith replied 1 year ago.
Thanks.You are not entitled to unilaterally change the leases. It does not matter how small the change is, the people that bought the leases bought them as they are and they are entitled to keep them as they are and they and, you are stuck with them as they are.The lease stating that all the other leaseholders are bound by the same covenants does not mean that they are unless all the other leases are the same, which they are not. Sometimes the lease will say that all the leases must be in the same format. In that case, you would be entitled to change the leases to make them all the same but if the lease is that changing cannot be agreed by the leaseholders it will need a court application to have the matter determined by the court.If the leaseholders with the leases that need changing agree, then it is a matter of simply registering a Deed of Variation at the Land Registry. However, you cannot make them.Can I clarify anything for you?Please don’t forget to rate the service positive. It’s an important part of the process so that I get my time recognised.Best wishesFES
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