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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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We own leasehold in a site with 5 flats. Landlord has developed

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We own leasehold in a site with 5 flats. Landlord has developed an outbuilding to create a sixth dwelling, promising verbally that ground maintenance charges will be split six ways but not taking any action to amend existing leases. If we pay the one-sixth charge can the landlord turn round and penalise us for breaching the lettter of the lease? Are we expected to pay for amendment to our lease?
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
1) If you pay 1/6 the charge relying on his representations then you will have a defence if her demands 1/5 rent. Hopefully the other 4 leaseholders will do the same.
2) The lease may have a clause about amendments to the lease (which may be wrapped up in a general clause about preparing docs or legal/professional costs generally) which will govern this. If not then it will depend on the precise circumstances but will really be a matter of negotiation as the costs of a dispute would dwarf the costs of amendment.
Customer: replied 2 years ago.
Sorry but I don't understand '..if her demands..' in 1)As for 2), thank you. What you say typifies the landlord's approach, one of dealing out lies and half truths and knowing just how much he can get away with knowing that the cost in finance and stress to his challengers outweighs the advantages gained from challenging him. During the building of the new dwelling he has breached many terms of our lease, planning proximity guidelines and Party Wall act. We have received no compensation and wasted much money on legal fees. The other leaseholders have seen this and are reluctant to rock the boat.
Surely if he has created an extra dwelling then it is his responsibility to amend our leases without any cost to us.
1) should read "if he demands ..."
2) that is certainly a reasonable argument.
Customer: replied 2 years ago.
Just one other point you may be able to clarify. Part of the extra dwelling is over the garage that is part of our demised property. (once a hayloft over stables which are now Flats 1 & 2's garages) Now that it's lease has been sold is there any argument for change in our ground rent on the grounds that we are now sharing the footprint of our garage ?
I don;t think so but yo can always try. This shoild have been raise in advance
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