First-tier Tribunal Orders Variation of Residential Leases

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : HAV/00HH/LVT/2024/0604 Property :

[ADDRESS], [POSTCODE]

Applicant : [redacted] : None Respondent : [redacted] Leaseholder Flat 25 Leaseholder Flat 27 Representative : None Type of application : For an order varying leases Tribunal member(s) : R Waterhouse FRICS MJF Donaldson FRICS Date of Order : 20 August 2025 amended - 27 August 2025

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ORDER __________

By virtue of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 and Practice Directions Rule 50 “Clerical mistakes and accidental slips or omissions”. The tribunal amends the Order as above.

UPON considering the applications made by [APPELLANT] under section 35 and section 37 Landlord and Tenant Act 1987

AND UPON an Appendix being attached to this Order, which specifies the relevant reversionary title number to the residential leases at [ADDRESS], [ADDRESS], Torquay together with each leaseholder’s name, flat number and title number

IT IS ORDERED, pursuant to section 38, that each of the residential leases in respect of [ADDRESS] [POSTCODE] referred to below are amended as follows:

For the ground rent provisions: To delete …..“and proportionately for any fraction of the year the annual rent of FIVE POUNDS payable in advance on the Twenty-fourth day of June in every year (the first, of such payments or a proportion thereof from the date hereof to the Twenty-Seventh of June next to be made on the signing hereof) free of all deductions whatsoever AND ALSO Paying from time to time such amounts as are set out in the Third Schedule hereto.” [Source bundle 22 & 23 of 51 pages] And insert ….“an annual ground rent of one peppercorn in advance on the Twenty-fourth day of June in every year if demanded”.

For the Service charge Provisions

To delete within the THIRD SCHEDULE “ To pay by way or reimbursement to the lessors in respect of each year of accounting the sum, in advance on the June quarter day in every year to enable the Lessors to meet the Estate expenditure Building expenditure and aerial expenditure as hereinafter defined and one thirtieth part of the cost of keeping the pleasure grounds clean and tidy and cultivated and the drives and footpaths and forecourts thereon in proper repair. In the event of the said animal[sic] sum of £50 from each lessee in the block being insufficient to meet

3 the expenditure the Lessee will in addition to the said annual sum of £50 pay by way of reimbursement to the Lessors in respect of each year of accounting a sum equal to the aggregate of :- (A) One twelfth /one eighteen of the Building Expenditure (B) One twelfth /one eighteen of the Areial Expenditure (C) One twelfth /one eighteenth of the Garage expenditure (D) The Lessees share of the estate expenditure.

which sum (together with the said sum of £50) is herein referred to as the Lessees contribution and such additional monies over and above the £50 shall be paid on the quarter day next following the notification of the amount thereof by the Lessors or the Surveyors to the Lessors. Provided that in any year of accounting the amount of the Lessees contribution shall be found to be less than the sum of the payments made by the Lessee in respect of that year the excess shall be accredited by the Lessors against the next payment due from the Lessee.” And insert in the THIRD SCHEDULE “The Service Charge set for each financial year will be apportioned on the basis of one thirtieth of the total amount, budgeted to be expended, on the land and buildings. Payment of the Service Charge to be in equal instalments Half-Yearly in advance on the 24th of June and 25th December each year.”

IT IS FURTHER ORDERED that each of the variations referred to above are to take effect and bind each of the parties to the leases with effect from and including 13 August 2025.

The Tribunal directs the [solicitor for the] Applicants no later than 56 days from the date of the Order:

(i) file a copy of this Order together with a copy of the Tribunal’s decision, at HM Land Registry.

(ii) confirm to the Tribunal that it has done so.

The Tribunal directs HM Land Registry to enter a note in the register of each of the leasehold titles of the residential leases in respect of [ADDRESS] , [ADDRESS] , Torquay (as set out in the Appendix) which are varied by this order and in the register of the relevant reversionary freehold title, confirming that the terms of the registered lease has been varied by this Order, dated 13 August 2025 and to file a copy of this Order under each affected title.

Name: [NAME] , MJF Donaldson FRICS………………….

Date: 20 August 2025……amended 27 August 2025.

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Appendix to Order

Tribunal Case Reference: HAV/OOHH/LVT/2024/0604

Property Address: [ADDRESS], [ADDRESS], Torquay , DevonTQ1 4HF

Reversionary title number: DN117986 (Freehold )

Leases varied by this Order

Address Name of Leaseholder(s) [ADDRESS], [ADDRESS] , Torquay, Devon

Flat 1 [NAME] [NAME] [NAME] DN161181 Flat 2 [NAME] DN546535 Flat 3 [NAME] DN414916 Flat 4 [NAME] [NAME] & [NAME] DN49396 Flat 5 [NAME] DN243113 Flat 6 [NAME] and [NAME] [NAME] [NAME] DN750119 Flat 7 [NAME] DN56280 Flat 8 [NAME] DN40882 Flat 9 [NAME] and [NAME] DN324957 Flat 10 [NAME] [NAME] DN203297 Flat 11 [NAME] DN53584 Flat 12 [NAME] & [NAME] [NAME] [NAME] DN51771 Flat 13 [NAME] & [NAME] trustees of the [COMPANY] DN68663 Flat 14 [NAME] DN53347 Flat 15 [NAME] DN149759 Flat 16 [NAME] DN61972 Flat 17 [NAME] DN48005 Flat 18 [COMPANY] DN146012 Flat 19 [NAME] DN245570 Flat 20 [NAME] & [NAME] DN50335 Flat 21 [NAME] [NAME] [NAME] & [NAME] [NAME] DN46461

5 Flat 22 [NAME] DN47193 Flat 23 [NAME] DN117696 Flat 24 [NAME] DN63254 Flat 25 [NAME] DN518362 Flat 26 [NAME] & [NAME] [NAME] DN128993 Flat 27 [NAME] & [NAME] DN422003 Flat 28 [NAME] & [NAME] [NAME] DN138118 Flat 29 [NAME] [NAME] & [NAME] DN641960 Flat 30 [NAME] & [NAME] [NAME] DN58357