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Changing a lease after completion
Confusedleaser
Posts: 1 Newbie
Hoping someone may have some answers before i try and do anything. I recently completed on a purchase of a leasehold under RTB. The property is in a row of 16 but seperated into blocks of 4. The details of my RTB offer said that I was responsible for 25% of any major repairs which they have planned and says that my share is 50k over 5 years and this is per leaseholder, as its in blocks of 4 I assumed this was correct and my solicitor (not very good) didnt query it apart from to make me aware of the charges. The problem is the lease specifies that im responsible for 25% of the whole block which is all 16 flats, so essentially im paying for 4 shares. My neighbours are also leaseholder and there share isnt 25%. I believe theres been an obvious error which has been missed by both my solicitor and the council. Would i be able to get this changed or am i now stuck forever paying for 4 properties worth of repairs when i only have 1.
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Comments
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Were you not sent a copy of the Lease prior to completion? It would be very irregular if not.Regardless - Local Authority leases are usually identical to one another, so it would be unusual for your neighbouring leaseholders to have something in theirs that was not in yours.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
Balance as at 31/08/25 = £ 95,450.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her0 -
You might be able to get the lease varied especially if there is an error however this will involve solicitors and the council could ask you to pay their costs.Credit card 2395
Overdraft 2300 -
Many leases have definitions for "the buildings" "block" and "estate" (overall land area). There are good reasons for this. And the wording is obtuse. And the legalese dense.
IF you owe 25% of your four unit "block" one of four blocks which make up "the buildings|" and which collectively sit on the land forming "the estate".Then the lease will flow costs on 1/16 for external grounds/walls etc. "the estate" - gardening, boundaries, fences etc.And may well flow per block costs on 1/4 or 25% to individual units in a single block. Lift. Door. Roof. Windows.
It can be hard to interpret as a non-lawyer. And they can be wrong.The fact that Right to manage and to an extent freehold enfranchisment can operate at "block" level means that leases need to tease these various things apart. And the template drafting of them has done so for many years
It could be the case you are responsible for some cost categories at 1/16. And for others at 1/4 and that this is correct to the site. Or the paperwork is botched. Or current practice isn't following the leases correctly.
This has consequences as a) a block may suffer a problem and the 1/4 may be unhappy in that block as it's not 1/16 - my roof is my roof. Next block don't contribute. b) the management company or agent may just do it wrongBut it is possible the drafting is wrong. This likely requires proper legal checking of the lease and with a firmer foundation on correct interpretation. May then need to confirm or challenge managing agent working practices.0
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