Variation of lease to rectify adverse possession?

by Readers Question

10:47 AM, 12th December 2018
About 3 months ago

Variation of lease to rectify adverse possession?

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Variation of lease to rectify adverse possession?

I have a 1 bed maisonette that I bought as a repossession circa 7-8 years ago. The sale of the flat collapsed due to the lease being defective, which I wasn’t aware of (a neighbouring flat has built on my outdoor space and the parking spaces have swapped).

I have been advised that I will need to get a deed of variation for the flat, but as I have had great difficulty extending my lease with my freeholder’s solicitors I wondered whether any alternative solutions might be possible.

Any advice is appreciated.

Kind regards.

Andrew



Comments

Neil Patterson

10:53 AM, 12th December 2018
About 3 months ago

Leasehold Advisory Service >> https://www.lease-advice.org/faq/lease-variation/

If all the parties to a lease are unhappy with the terms of the lease they can agree to vary them. Alternatively, only one of the parties to a lease can seek a variation under Part IV of the Landlord and Tenant Act 1987 by application to the First-tier Tribunal (Property Chamber).

>> https://www.lease-advice.org/faq/first-tier-tribunal-property-chamber/

The First-tier Tribunal (Property Chamber) has 5 regional offices throughout England that deal with settling of disputes in relation to leasehold property and the private rented sector. They deal with various matters including service charge disputes, lease variations and the determination of premiums for freehold purchase and lease extensions. This tribunal covers matters previously heard by the Leasehold Valuation Tribunal in England.


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