Legal support to overcome defective lease(s)

All BlockCare members get access to our Legal Services expertise who have affordable packages to get you manageable.

Perhaps your lease

1. only permits collection of service charge after expenditure has been incurred, or
2. does not specify the service charge percentage per flat, the words such as "reasonable" may be all the lease says
3. does not specify/nominate actual service charge collection dates
4. has no express provision for collecting service charges in advance
5. only allows you to collect an advance maintenance contribution equal to the current ground rent
6. only allows you to demand service charges with supporting vouchers after expenditure is incurred (perhaps on demand, at the end of a quarter/year)
7. only makes expenditure recoverable if certified by a surveyor/accountant

It might all have been going well when everybody kept to the informal agreement but if you now need to regularise and provide for a way forward we have the answers. After all a judge will not support you in arrears action unless you have done exactly what the lease says.

Because we are not a bank we cannot loan money to your service charge bank account to be able to support you by delivering you a strategy to draft new clauses and vary inadequate leases.

All the Client has to do is either

1. get 100% consent to the proposed change then instruct us, or
2. if there are more than 8 flats, get 75% to consent and not more than 10% oppose, or
3. if there are less than 9 leases, get all but 1 to consent.

Our Legal Services Team will in the case of scenario (b) or (c):

1. lodge an application to the Leasehold Valuation Tribunal (LVT) to invoke the provisions of Section 37 1987 Landlord & Tenant Act.
2. prepare a Supplemental Lease & Deed of Variation
3. seek individual lessee's mortgage companies consent to changes
4. execute the Supplemental Lease & Deed of Variation
5. register it with HM Land Registry so it becomes binding on all future purchasers of properties at the site
6. ask the Client to prepare a service charge budget by using the Service Charge Calculator tool
7. demand and collect service charges in advance of expenditure

What does all this cost?

To Leaseholder Support.co.uk members only £225 per lease + disbursements.