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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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There is a building which contains 5 units. Each is privately

Customer Question

There is a building which contains 5 units. Each is privately owned on a long lease. The leaseholders however are each members of an association, which in the lease states that the association is an 'Industrial and Provident Society registered under the Industrial and Provident Societies Act 1965'. The association is the landlord. Thus the owner of unit 4 is both the leasee and part lessor. (is that right?) Being the smallest unit, this person contributes 5% of the total service charge to the block. The person lets out the flat on a short term lease of less than one year. The other owners in the block do not like this and are debating whether to 'alter the terms of the lease', so that a clause is inserted that says the units cannot be sub let. They also want to add a clause saying that they have the opportunity to vet any prospective purchaser. There is nothing in the existing lease that says that sub letting is prohibited, or that they have any rights to vet said purchasers. Can they do this, even thought the owner of unit 4, (being part lessor as part of the association) disagrees.
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Customer: Hello. A lease is a contract between two parties, which sets out the terms of the agreement between them. As a deed, a lease can only be varied by Another deed, typically a deed of variation. Accordingly, both parties would have to agree to any variation to the lease. If you as lessee so not agree, the lease cannot be amended. This is true even if the other four leases are varied by agreement between the landlord and the other lessees. Best, WB