First-tier Tribunal Removes Resident Caretaker Obligation in Lease Variation

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : CHI/00HB/LVL/2024/0005 Property :

Various at Wallcroft, Westmorland and [ADDRESS], [POSTCODE] Applicants :

[redacted] :

[COUNSEL] Counsel instructed by [COMPANY] solicitors

Respondents :

[redacted] schedule Representative :

None

Type of [NAME] : [NAME] for an Order under section 37 of the Landlord and Tenant Act 1987 (“the 1987 Act”)

Tribunal members : [NAME] [NAME] [NAME] of Hearing : 13 March 2025 Venue : Havant Civil Justice Hearing via video conferencing Date of decision : 27 [NAME] 2025 Corrections made on 10 October 2025

DECISION Re-issued with corrections to the Schedule of Leases made under rule 50 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 on 10 October 2025. Corrections are denoted by underlining and strike-through. An

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amended Schedule did not come to Tribunal’s attention prior to issuing the decision and accordingly the corrections fall within the scope of rule 50.

Decision (1) The Tribunal directs that the leases be varied in accordance with the Order appended.

Reasons Background 1. The applicants seek an Order under section 37 of the Landlord and Tenant Act 1987 to vary 83 long leases. The variation sought is to remove the obligation on the respondent to provide a [NAME] [NAME] and substitute an obligation to provide a [NAME] who may or may not be [NAME].

2. The development comprises three structurally detached blocks of known as Wallcroft, [NAME] and [ADDRESS]. The applicant holds a headlease from the freeholder [APPELLANT]. The applicant employs a managing agent [NAME] to carry out its obligations under the leases.

3. The Tribunal received a hearing bundle of 227 pages. At the hearing, which was via video conferencing, the applicant was represented by Mr [COUNSEL] of Counsel, who provided a helpful skeleton argument. Mr [COUNSEL] had also drafted the statement of case and draft order.

The applicant’s case

4. The relevant clauses under the leases oblige the applicant to provide a [NAME] [NAME]. The [NAME] occupied a two-bedroom detached bungalow with private garden which was leased from [NAME] and located on the development. This is known as “[NAME]”. The applicant is then obliged to pay for rates and charges associated with [NAME] and the cost of its maintenance. The [NAME] are then in turn required to pay for those costs under the terms of their leases.

5. In future years, the cost to be incurred in relation to [NAME] will increase substantially. The removal of the requirement for a [NAME] [NAME] and the substituted obligation to provide an [NAME] manager and out of hours cover will save the [NAME] a great deal of cost over time, without impacting the provision of services currently provided.

6. The leases are materially in the same terms. By clause 2, the lessee covenants with the [NAME] to observe and perform the obligations set out in Schedule C. At

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clause 3 the [NAME] covenants with the lessee to observe and perform the obligations set out in Schedule D. At Schedule D paragraph 1 the [NAME] covenants to pay rates and [NAME] outgoings payable in respect of the reserved property. At paragraph 4, the [NAME] covenants to keep all buildings in the property in good and tenantable repair and condition, and at Paragraph 10 to provide a [NAME] from the date of practical completion…and the provision of all outgoings (including general and water rate heating and lighting of the porters residence on the property). By paragraph 13 of Schedule D the [NAME] is required to provide a residence to the [NAME] on the property and is entitled to charge as part of the expenses in carrying out its obligations the sum of £500 per annum for the first 14 years of the term and thereafter in accordance with the provisions in Schedule E. Schedule E provides for assessment of an annual charge for the [NAME]’s residence.

7. The applicant sought the following variations: the phrase “[NAME]” be deleted from paragraph 10 (ii) of schedule D and replaced with “[NAME], [NAME] or [NAME] manager (whose working hours may be determined by the [NAME], acting reasonably, and who shall not be required to be [NAME] at the property, but for the avoidance of doubt emergency cover must be available at all times)”. Paragraph 13 of schedule D be deleted in its entirety. Schedule E be deleted in its entirety. The applicant also sought retrospectivity of the [NAME] to 13 April 2024 being the date when the [NAME]’s employment and occupancy of [NAME] was terminated and the date from which new management arrangements have been in place. It was submitted that otherwise the [NAME] may be in breach of its covenants from that date.

8. The applicant submitted that the voting requirements on the applicant imposed by section 37(5)(b) of the 1987 Act had been met. 78.57% of the votes supported the [NAME] and no 0ne voted against. The object of the [NAME] could not be satisfactorily achieved without the variation of all the leases on development. No prejudice would be suffered by any leaseholder, but rather a benefit received.

9. Mr [NAME] relied on [NAME] v Barnett [2021] UKUT 375 (LC), which sets out the general principals to be applied to applications under section 37. In relation to the [NAME] for retrospectivity of the variation, he relied on [COMPANY] v Botten [2013] UKUT 133 (LC).

Witnesses

10. Mr [NAME] called [NAME] to give evidence, who had given a witness statement verified by a statement of truth. Prof [APPELLANT] is a director of the applicant having been appointed in November 2015. He is also the registered co-owner of [NAME]. He and his wife have owned the property since 2006. He is Emeritus Professor of Food Chemistry in the [COMPANY]. The substance of his evidence was that the applicant and majority of [NAME] had become concerned that the provision of a [NAME] represented poor value for money. The [NAME] was provided with rent- free accommodation in a two bedroom detached bungalow with private garden.

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Chalcombe owned the freehold of [NAME] and let it to the applicant which pays a rent determined in accordance with Schedule E of the leases. This in turn is recovered from the [NAME] as a service charge. The rent currently payable equates to £10,800 per annum. At the end of 2024 a new higher rent based on [NAME] rental estimates will need to be negotiated and agreed with the freeholder. The expected rent will be £19,200 per annum. The applicant is also responsible for repairs and maintenance of [NAME]. Four years previously the applicant spent £57,500 re-roofing [NAME].

11. There have also been specific problems with the [NAME]. He is employed by [NAME] on behalf of the applicant which is not in a position to directly employ staff. The previous [NAME] only worked [COMPANY] hours and did not provide an out of hours service which had to be provided for separately. The applicant received complaints from lessees about his performance. On 12 April 2024 the applicant and the [NAME] entered a severance agreement by which his employment was terminated. The ability to employ a firm to provide [NAME] Management with full holiday and sickness cover will provide a greater degree of flexibility than permanent employment of a [NAME] [NAME]. The cost would be lower. The applicant had identified suitable [NAME] managers to act as a replacement.

12. On 13 December 2023 the applicant wrote to all [NAME] to ask them to vote in respect of the proposed lease variation. 64 agreed to the variation together with the applicant. The freeholder, [who is outside the voting regime], has also however agreed to the proposal. No one will be adversely affected by the proposal.

13. [NAME] [NAME] was also called having given two witness statements verified by statements of truth. [NAME] [NAME] is a paralegal employed by [APPELLANT], solicitors for the applicant. Her evidence was given in compliance with directions given on 17 January 2025. Firstly, [NAME] [NAME] confirmed compliance with alternative service directions. Secondly, [NAME] [NAME] confirmed that office copy entries for the respondents dated 20 May 2024 had been checked against voting slips. Only two changes were noted and further voting slips obtained in those circumstances. On 17 January 2025 an updated list of respondents was obtained from [NAME] the managing agents. A copy of the [NAME] was sent to all persons on that list. No objections had been received.

The Statutory Provisions

14. Relevant legislation is appended in the legal annex.

The Variation Sought

15. The applicants submitted a draft Order which annexed the proposed variation. At the hearing the Tribunal requested that this be modified to expressly include the retrospectivity issue, and an amended draft Order was provided.

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The respondent’s cases

16. No respondents objected to the [NAME].

Discussion

17. The Tribunal found both witnesses to be credible and accepts their evidence. The Tribunal has not placed weight on the alleged difficulties with the [NAME] because that is an employment rather than a property issue but have relied on the financial analysis provided by Prof. [NAME]. The Tribunal is satisfied that the grounds for [NAME] the order have been made out, that the voting evidence meets the threshold, and that it should exercise its discretion in favour of the [NAME]. It is unnecessary to refer to [NAME] v Barnett.

18. The Tribunal also accepts Mr [NAME] submission as confirmed in [COMPANY] that it is empowered to make the order retrospective and should do so on the facts of this case. It does not consider that the fact that Brickfield concerned an [NAME] under section 35 as opposed to section 37 of the Act undermines that, as both are provisions are concerned with lease variations.

19. The Tribunal therefore makes the Order in the form attached.

27 [NAME] 2025 Corrections 10 October 2025 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal ([NAME]), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the Tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to

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allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal ([NAME]).

Schedule of Respondents Respondent [NAME] (where different from Respondent) [NAME] [RESPONDENT]

[NAME] [ADDRESS], [ADDRESS] ([POSTCODE]) [NAME] [NAME] and [NAME] Mr [NAME] & Miss [NAME] [NAME] [NAME] 2, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] [ADDRESS], [ADDRESS] and Garage 26 [NAME]

[NAME] 4, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 5, [ADDRESS], [ADDRESS] and Garage 27 [NAME]

[NAME] [ADDRESS], [ADDRESS] and Garage 22 [NAME] and [NAME]

[NAME] 7, [ADDRESS], [ADDRESS], Bristol ([POSTCODE])

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[NAME] [NAME]

[NAME] 8, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME] and [NAME]

[NAME] 9, [ADDRESS], [ADDRESS], Bristol and garage 21 ([POSTCODE]) [NAME] The [NAME] of [NAME] [NAME] 10, [ADDRESS], [ADDRESS], Bristol and car space ([POSTCODE]) [NAME] 11, [ADDRESS] [POSTCODE] [NAME]

[NAME] 12, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 13, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] [ADDRESS], [ADDRESS] and Garage, ([POSTCODE]) [NAME] [NAME]

[NAME] 15, [ADDRESS], [ADDRESS], Bristol ([POSTCODE])) [NAME] [NAME]

[NAME] 16, [ADDRESS], [ADDRESS], Bristol ([POSTCODE])

[NAME]

[NAME] 17, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME] and [NAME]

[NAME] [ADDRESS], [ADDRESS] and Car Space, ([POSTCODE]) [NAME]

[NAME] 19, [ADDRESS], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] and [NAME] [NAME] [NAME]

[NAME] [ADDRESS], [ADDRESS] and Car Space ([POSTCODE])

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Dr [NAME] [NAME] and [NAME]

[NAME] [ADDRESS], [ADDRESS] and Car Space ([POSTCODE]) [NAME] and [NAME]

[NAME] [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME] and [NAME]

[NAME] 23, [ADDRESS], [ADDRESS], Bristol and car parking space ([POSTCODE]) [NAME] and [NAME]

[NAME] 24, [ADDRESS], [ADDRESS], Bristol and car parking space ([POSTCODE]) [NAME] [NAME]

[NAME] 25, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 26, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) [NAME] [NAME]

[NAME] 1, [NAME], [ADDRESS], Bristol, ([POSTCODE]) and car space 40 [NAME] and [NAME]

[NAME] 2, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME]

[NAME] 3, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 4, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 5, [NAME], [NAME] and [NAME]

[NAME] 6, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] and [NAME]

[NAME] 7, [NAME] and Garage, [ADDRESS], ([POSTCODE])

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[NAME] [NAME] 8, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME] [NAME] and [NAME] [NAME]

[NAME] 9, [NAME], [ADDRESS], and garage ([POSTCODE]) [NAME] and [NAME]

[NAME] 10 [NAME], [ADDRESS], Bristol and [NAME] [NAME] and [NAME]

[NAME] 11, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] and [NAME] [NAME]

[NAME] 12, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 13, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME] [NAME]

[NAME] 14 [NAME], [ADDRESS] and car space 32 [NAME] and [NAME]

[NAME] 15, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME] 16, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) Monirah Abdullah Almubarak, [NAME] and [NAME]

[NAME] 17, [NAME], [ADDRESS], Bristol ([POSTCODE]) Matteo Fasiolo and [NAME]

[NAME] 18, [NAME], [ADDRESS], Bristol ([POSTCODE]) Suzanne [NAME] 19, [NAME], [ADDRESS], ([POSTCODE]) [NAME] and [NAME]

[NAME] 20 [NAME] and Car Space 35, [ADDRESS]

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[NAME]

[NAME] 21, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 22 [NAME], [ADDRESS], ([POSTCODE]) [NAME] [NAME] 23, [NAME], [ADDRESS], Bristol and garage 70 ([POSTCODE]) [NAME] [NAME] and [NAME] [NAME]

[NAME] 24 [NAME], [ADDRESS], ([POSTCODE]) [NAME] and [NAME] and [NAME]

[NAME] 25, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] and [NAME]

[NAME] 26, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 27, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] [NAME]

[NAME] 28, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME]

[NAME] 29, [NAME], [ADDRESS], ([POSTCODE]) [NAME] [NAME]

[NAME] 30, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME] [NAME] and [NAME] [NAME] [NAME]

[NAME] 31, [NAME], [ADDRESS], Bristol ([POSTCODE]) [NAME] 32 and garage 80 [NAME], [ADDRESS], ([POSTCODE]) [NAME] and [NAME]

[NAME] 33, [NAME], [ADDRESS], Bristol and Garage 54 ([POSTCODE]) [NAME]

[NAME] 34, [NAME], [ADDRESS], Bristol ([POSTCODE])

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[NAME] [NAME] and [NAME] [NAME] 35, [NAME], [ADDRESS] ([POSTCODE]) [NAME]

[NAME] 36, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] & Mrs [NAME] [NAME]

[NAME] 37 (Penthouse 1), [NAME], [ADDRESS], Bristol and Car Spaces 43 and 44 ([POSTCODE]) Mr P J and Mrs [NAME]

[NAME] 38 [NAME], [ADDRESS], and garage spaces 41 and 42 ([POSTCODE]) [NAME] and [NAME] [NAME] [NAME]

[NAME] 1, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) [NAME] and [NAME]

[NAME] 2, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 3, Wallcroft, [ADDRESS] and garage 100 [NAME]

[NAME] 4, Wallcroft, [ADDRESS] and car bays 92 and 93, ([POSTCODE]) [NAME]

[NAME] 5 Wallcroft, [ADDRESS] ([POSTCODE]) [NAME]

[NAME] 6, Wallcroft, [ADDRESS], Bristol and garage ([POSTCODE]) [NAME] and [NAME]

[NAME] 7, Wallcroft, [ADDRESS], Bristol ([POSTCODE])

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Zhiping Du

[NAME] and Garage 8 Wallcroft, [ADDRESS], [NAME]

[NAME] 9, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) [NAME]

[NAME] 10, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) [NAME] and [NAME]

11 Wallcroft, [ADDRESS] and Garage ([POSTCODE]) [NAME] 12, Wallcroft, [ADDRESS] and Car Space, ([POSTCODE]) [NAME] and [NAME]

[NAME] 13, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) [NAME] and [NAME] [NAME]

[NAME], [ADDRESS] and garages 88 and 89, Bristol ([POSTCODE]) [NAME]

15 Wallcroft, [ADDRESS],([POSTCODE]) and Garage 79 [NAME] [NAME]

[NAME] 16, Wallcroft, [ADDRESS], Bristol and garages ([POSTCODE]) [NAME]

[NAME] 17, Wallcroft, [ADDRESS], Bristol and Car Bays 87 and 88 ([POSTCODE]) [NAME] [NAME] and [NAME] [NAME] 18, Wallcroft, [ADDRESS] and Garage 53, Wallcroft, [NAME]

[NAME] 19, Wallcroft, [ADDRESS]

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Case Reference: CHI/00HB/LVL/2024/0005

FIRST TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

IN THE MATTER OF

Wallcroft, [NAME] and [ADDRESS] [POSTCODE]

BETWEEN:

[APPELLANT] [COMPANY]

Applicant

And

[NAME] OF FLATS AT WALLCROFT, [NAME] AND [NAME]

Respondents

ORDER

UPON DETERMINING THAT the object to be achieved (namely, the removal of the obligation on the part of the Applicant to provide a [NAME]) cannot be satisfactorily achieved unless all of the leases are varied to the same effect

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AND UPON NOTING THAT the variations sought by the Applicant and set out in the Second Schedule hereto are not opposed for any reason by more than 10 per cent of the total number of the parties concerned and at least 75 per cent of that number consent to it.

Pursuant to Section 38(3) of the Landlord and Tenant Act 1987 IT IS HEREBY ORDERED that the Leases are varied in the terms set out in the Second Schedule hereto.

IT IS FURTHER ORDERED that the aforementioned variations shall have effect from 13 April 2024

AND IT IS FURTHER ORDERED that subject only to the variations expressed in this Order all the clauses, covenants, conditions and provisions of each Lease (as varied if applicable) shall continue in full force and effect and the Lease shall henceforth be construed as if such amendments were originally contained herein.

AND IT IS FURTHER ORDERED that the Chief Land Registrar shall make such entries on the registers relating to the titles hereby affected or to open a new title or titles as shall be deemed appropriate for the purpose of recording and giving effect to the terms of this Order.

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THE FIRST SCHEDULE (Schedule of Leases at [ADDRESS])

[NAME] of lease Term of lease [ADDRESS] 1, [ADDRESS], [ADDRESS] ([POSTCODE]) 13/03/1969 999 years from 01.01.1969 BL11880

2, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 27/03/1969 999 years from 01.01.1969 BL11833 3, [ADDRESS], [ADDRESS] and Garage 26 05/03/1973 999 years from 01.01.1969 BL38488 4, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 03/04/1969 999 years from 01.01.1969 BL11409 5, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 14/04/1969 999 years from 01.01.1969 [ADDRESS] [POSTCODE] 14/04/1969 999 years from 01.01.1969 BL11778 7, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 17/03/1969 999 years from 01.01.1969 BL11233 8, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 18/04/1969 999 years from 01.01.1969 BL65995 9, [ADDRESS], [ADDRESS], Bristol and garage 21 ([POSTCODE]) 19/03/1969 999 years from 01.01.1969 BL12019 10, [ADDRESS], [ADDRESS], Bristol and car space ([POSTCODE]) 11/04/1969 999 years from 01.01.1969 BL11776

11, [ADDRESS], [ADDRESS] and Car Space ([POSTCODE]) 18/04/1969 999 years from 01.01.1969 BL11772 12, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 11/04/1969 999 years from 01.01.1969 BL11802 13, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 20/03/1969 999 years from 01.01.1969 BL11467 14, [ADDRESS], [ADDRESS] and Garage, ([POSTCODE]) 17/03/1969 999 years from 01.01.1969 BL11193 15, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 27/03/1969 999 years from 01.01.1969 BL11733 16, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 12/03/1969 999 years from 01.01.1969 BL11460 17, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 24/03/1969 999 years from 01.01.1969 BL11451

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18, [ADDRESS], [ADDRESS] and Car Space, ([POSTCODE]) 25/03/1969 999 years from 01.01.1969 BL11403

19, [ADDRESS], [ADDRESS], Bristol and garage ([POSTCODE]) 14/04/1969 999 years from 01.01.1969 BL12016 20, [ADDRESS], [ADDRESS] and Car Space ([POSTCODE]) 13/03/1969 999 years from 01.01.1969 BL11775 21, [ADDRESS], [ADDRESS] and Car Space ([POSTCODE]) 31/03/1969 999 years from 01.01.1969 BL11402 22, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 17/03/1969 999 years from 01.01.1969 BL11477 23, [ADDRESS], [ADDRESS], Bristol And Car Parking Space ([POSTCODE]) 13/03/1969 999 years from 01.01.1969 BL11104 24, [ADDRESS], [ADDRESS], Bristol And Car Parking Space ([POSTCODE]) 13/03/1969 999 years from 01.01.1969 BL11105

25, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 09/09/1969 999 years from 01.01.1969 BL14952 26, [ADDRESS], [ADDRESS], Bristol ([POSTCODE]) 14/04/1969 999 years from 01.01.1969 BL11692 Wallcroft 1, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) 02/08/1977

999 years from 01.01.1969 AV26726 2, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) 30/11/1971 999 years from 01.01.1969 BL28150 3, Wallcroft, [ADDRESS] and garage 100 13/10/1971 999 years from 01.01.1969 BL27100 4, Wallcroft, [ADDRESS] and car bays 92 and 93, ([POSTCODE]) 30/10/1972 999 years from 01.01.1969 BL36235 5, Wallcroft, [ADDRESS] ([POSTCODE]) 01/09/1971 999 years from 01.01.1969 BL26399 6, Wallcroft, [ADDRESS], Bristol and garage ([POSTCODE]) 02/09/1971 999 years from 01.01.1969 BL26258 7, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) 23/03/1972 999 years from 01.01.1969 BL31356 8, Wallcroft, [ADDRESS], Bristol and Car space 91 6 Wallcroft, [ADDRESS], Bristol and Garage 30/09/1971 999 years from 01.01.1969 BL27647

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9, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) 02/12/1971 999 years from 01.01.1969 BL28200 10, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) 21/03/1972 999 years from 01.01.1969 BL30334 11, Wallcroft, [ADDRESS] and Garage ([POSTCODE]) 15/11/1971 999 years from 01.01.1969 BL27932 12, Wallcroft, [ADDRESS] and Car Space, ([POSTCODE]) 28/06/1972 999 years from 01.01.1969 BL35439 13, Wallcroft, [ADDRESS], Bristol ([POSTCODE]) 13/09/1971 999 years from 01.01.1969 BL26612 14, Wallcroft, [ADDRESS] and garages 88 and 89, Bristol ([POSTCODE]) 25/02/1972 999 years from 01.01.1969 BL29728 15, Wallcroft, [ADDRESS],([POSTCODE]) and Garage 79 21/08/1972 999 years from 01.01.1969 BL56384 16, Wallcroft, [ADDRESS], Bristol and garages ([POSTCODE]) 05/10/1971 999 years from 01.01.1969 BL26951 17, Wallcroft, [ADDRESS], Bristol and Car Bays 87 and 88 ([POSTCODE]) 25/08/1972 999 years from 01.01.1969 BL34961 18, Wallcroft, [ADDRESS] and Garage 53, Wallcroft, [ADDRESS] 20/08/1971 999 years from 01.01.1969 BL26142 19, Wallcroft, [ADDRESS] 23/03/1972 999 years from 01.01.1969 BL30158 [NAME] 1, [NAME], [ADDRESS], Bristol, ([POSTCODE]) and car space 40 16/10/1970 999 years from 01.01.1969 BL21479 2, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 24/08/1970 999 years from 01.01.1969 BL19816 3, [NAME], [ADDRESS], Bristol ([POSTCODE]) 17/08/1970 999 years from 01.01.1969 BL19679 4, [NAME], [ADDRESS], Bristol ([POSTCODE]) 11/06/1971 999 years from 01.01.1969 BL25109 5, [NAME], [ADDRESS] 18/08/1970 999 years from 01.01.1969 AV218959 6, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 24/08/1970 999 years from 01.01.1969 BL20416 7, [NAME] and Garage, [ADDRESS], ([POSTCODE]) 29/09/1970 999 years from 01.01.1969 BL20556 8, [NAME], [ADDRESS], Bristol ([POSTCODE]) 18/08/1970 999 years from 01.01.1969 BL20574

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9, [NAME], [ADDRESS], and garage ([POSTCODE]) 21/09/1970 999 years from 01.01.1969 BL20600 10, [NAME], [ADDRESS], Bristol and Parking Space 21/08/1970 999 years from 01.01.1969 AV218936 11, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 04/09/1970 999 years from 01.01.1969 BL19984 12, [NAME], [ADDRESS], Bristol ([POSTCODE]) 20/08/1971 999 years from 01.01.1969 BL26373 13, [NAME], [ADDRESS], Bristol ([POSTCODE]) 28/08/1970 999 years from 01.01.1969 BL20124 14 [NAME], [ADDRESS] 18/09/1970 999 years from 01.01.1969 BL20300 15, [NAME], [ADDRESS], Bristol ([POSTCODE]) 18/08/1970 999 years from 01.01.1969 BL19934 16, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 07/07/1971 999 years from 01.01.1969 BL25526 17, [NAME], [ADDRESS], Bristol ([POSTCODE]) 23/09/1970 999 years from 01.01.1969 AV66021 18, [NAME], [ADDRESS], Bristol ([POSTCODE]) 14/09/1970 999 years from 01.01.1969 BL21109 19, [NAME], [ADDRESS], ([POSTCODE]) 04/09/1970 999 years from 01.01.1969 BL20541 20, [NAME] and Car Space 35, [ADDRESS] 26/06/1971 999 years from 01.01.1969 BL25886 21, [NAME], [ADDRESS], Bristol ([POSTCODE]) 28/10/1970 999 years from 01.01.1969 BL21146 22, [NAME], [ADDRESS], ([POSTCODE]) 10/11/1970 999 years from 01.01.1969 BL29021 23, [NAME], [ADDRESS], Bristol and garage 70 ([POSTCODE]) 25/08/1970 999 years from 01.01.1969 BL22294 24, [NAME], [ADDRESS], ([POSTCODE]) 08/10/1970 999 years from 01.01.1969 BL20685 25, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 03/09/1970 999 years from 01.01.1969 BL19983 26, [NAME], [ADDRESS], Bristol ([POSTCODE]) 26/01/1971 999 years from 01.01.1969 BL23292 27, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 21/08/1970 999 years from 01.01.1969 BL19868 28, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 28/01/1972 999 years from 01.01.1969 BL29512

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29, [NAME], [ADDRESS], ([POSTCODE]) 23/09/1970 999 years from 01.01.1969 BL20308 30, [NAME], [ADDRESS], Bristol ([POSTCODE]) 01/10/1970 999 years from 01.01.1969 BL21124 31, [NAME], [ADDRESS], Bristol ([POSTCODE]) 02/10/1970 999 years from 01.01.1969 BL20835

32 and garage 80 [NAME], [ADDRESS], ([POSTCODE]) 14/04/1972 999 years from 01.01.1969 BL30672 33, [NAME], [ADDRESS], Bristol and Garage 54 ([POSTCODE]) 24/11/1970 999 years from 01.01.1969 BL21565 34, [NAME], [ADDRESS], Bristol ([POSTCODE]) 21/10/1970 999 years from 01.01.1969 BL20895 35, [NAME], [ADDRESS] ([POSTCODE]) 24/08/1970 999 years from 01.01.1969 BL19922 - now BL70372 36, [NAME], [ADDRESS], Bristol and garage ([POSTCODE]) 14/07/1971 999 years from 01.01.1969 BL26319 now BL70371 37, (Penthouse 1), [NAME], [ADDRESS], Bristol and Car Spaces 43 and 44 ([POSTCODE]) 04/11/1970 999 years from 01.01.1969 BL22774 38, [NAME], [ADDRESS], and garage spaces 41 and 42 ([POSTCODE]) 28/01/1972 999 years from 01.01.1969 BL29384

THE SECOND SCHEDULE (Variations to Leases of Flats at [ADDRESS])

(1) The word “[NAME]” shall be deleted from Paragraph 10(ii) of Schedule D and replaced with “[NAME], [NAME] or [NAME] manager (whose working hours may be determined by the [NAME], acting reasonably, and who shall not be required to be [NAME] at the property, but for the avoidance of doubt emergency cover must be available at all times)”.

(2) Paragraph 13 of Schedule D shall be deleted in its entirety.

(3) Schedule E shall be deleted in its entirety.

Dated this 27th day of [NAME] 2025 Dated this 10th day of October 2025

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Re-issued with corrections to the Schedule of Leases made under rule 50 of The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 on 10 October 2025. Corrections are denoted by underlining and strike-through. An amended Schedule did not come to Tribunal’s attention prior to issuing the decision and accordingly the corrections fall within the scope of rule 50.

Legal Annex Landlord and Tenant Act 1987 (1987 c 31)

Applications relating to flats

35 [NAME] by party to lease for variation of lease

(1) Any party to a long lease of a [NAME] may make an [NAME] to [the appropriate tribunal] for an order varying the lease in such manner as is specified in the [NAME].

(2) The grounds on which any such [NAME] may be made are that the lease fails to make satisfactory provision with respect to one or more of the following matters, namely— (a) the repair or maintenance of— (i) the [NAME] in question, or

(ii) the building containing the [NAME], or

(iii) any land or building which is let to the tenant under the lease or in respect of which rights are conferred on him under it; [(b) the insurance of the building containing the [NAME] or of any such land or building as is mentioned in paragraph (a)(iii);]

(c) the repair or maintenance of any installations (whether they are in the same building as the [NAME] or not) which are reasonably necessary to ensure that [NAME] enjoy a reasonable standard of accommodation;

(d) the provision or maintenance of any services which are reasonably necessary to ensure that [NAME] enjoy a reasonable standard of accommodation (whether they are services connected with any such installations or not, and whether they are services provided for the benefit of those [NAME] or services provided for the benefit of the [NAME] of a number of flats including that [NAME]);

(e) the recovery by one party to the lease from another party to it of expenditure incurred or to be incurred by him, or on his behalf, for the benefit of that [NAME] party or of a number of persons who include that [NAME] party;

(f) the computation of a service charge payable under the lease;

[(g) such [NAME] matters as may be prescribed by regulations made by the Secretary of State]. (3) For the purposes of subsection (2)(c) and (d) the factors for determining, in relation to the [NAME] of a [NAME], what is a reasonable standard of accommodation may include— (a) factors relating to the safety and security of the [NAME] and its [NAME] and of any common parts of the building containing the [NAME]; and

36 [NAME] by respondent for variation of [NAME] leases

(b) [NAME] factors relating to the condition of any such common parts. [(3A) For the purposes of subsection (2)(e) the factors for determining, in relation to a service charge payable under a lease, whether the lease makes satisfactory provision include whether it makes provision for an amount to be payable (by way of interest or otherwise) in respect of a failure to pay the service charge by the due date.]

(4) For the purposes of subsection (2)(f) a lease fails to make satisfactory provision with respect to the computation of a service charge payable under it if— (a) it provides for any such charge to be a proportion of expenditure incurred, or to be incurred, by or on behalf of the landlord or a superior landlord; and

(b) [NAME] tenants of the landlord are also liable under their leases to pay by way of service charges proportions of any such expenditure; and

(c) the aggregate of the amounts that would, in any particular case, be payable by reference to the proportions referred to in paragraphs (a) and (b) would [either exceed or be less than] the whole of any such expenditure. (5) [Procedure regulations under Schedule 12 to the Commonhold and Leasehold Reform Act 2002] [and Tribunal Procedure Rules] shall make provision— (a) for requiring notice of any [NAME] under this Part to be served by the [NAME], and by any respondent to the [NAME], on any person who the applicant, or (as the case may be) the respondent, knows or has reason to believe is likely to be affected by any variation specified in the [NAME], and

(b) for enabling persons served with any such notice to be joined as parties to the proceedings. [(6) For the purposes of this Part a long lease shall not be regarded as a long lease of a [NAME] if— (a) the demised premises consist of or include three or more flats contained in the same building; or

(b) the lease constitutes a tenancy to which Part II of the Landlord and Tenant Act 1954 applies.] (8) In this section “service charge” has the meaning given by section 18(1) of the 1985 Act.

[(9) For the purposes of this section and sections 36 to 39, “appropriate tribunal” means— (a) if one or more of the long leases concerned relates to property in England, the First- tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

(b) if one or more of the long leases concerned relates to property in Wales, a leasehold valuation tribunal.]

36 [NAME] by respondent for variation of [NAME] leases

(1) Where an [NAME] (“the original [NAME]”) is made under section 35 by any party to a lease, any [NAME] party to the lease may make an [NAME] to the [tribunal] asking it, in the event of its deciding to make an order effecting any variation of the lease in pursuance of the original [NAME], to make an order which effects a corresponding variation of each of such one or more [NAME] leases as are specified in the [NAME].

(2) Any lease so specified— (a) must be a long lease of a [NAME] under which the landlord is the same person as the landlord under the lease specified in the original [NAME]; but

(b) need not be a lease of a [NAME] which is in the same building as the [NAME] let under that lease, nor a lease drafted in terms identical to those of that lease. (3) The grounds on which an [NAME] may be made under this section are— (a) that each of the leases specified in the [NAME] fails to make satisfactory provision with respect to the matter or matters specified in the original [NAME]; and

(b) that, if any variation is effected in pursuance of the original [NAME], it would be in the interests of the [NAME] under this section, or in the interests of the [NAME] persons who are parties to the leases specified in that [NAME], to have all of the leases in question (that is to say, the ones specified in that [NAME] together with the one specified in the original [NAME]) varied to the same effect.

37 [NAME] by majority of parties for variation of leases

(1) Subject to the following provisions of this section, an [NAME] may be made to [the appropriate tribunal] in respect of two or more leases for an order varying each of those leases in such manner as is specified in the [NAME].

(2) Those leases must be long leases of flats under which the landlord is the same person, but they need not be leases of flats which are in the same building, nor leases which are drafted in identical terms.

(3) The grounds on which an [NAME] may be made under this section are that the object to be achieved by the variation cannot be satisfactorily achieved unless all the leases are varied to the same effect.

(4) An [NAME] under this section in respect of any leases may be made by the landlord or any of the tenants under the leases.

(5) Any such [NAME] shall only be made if— (a) in a case where the [NAME] is in respect of less than nine leases, all, or all but one, of the parties concerned consent to it; or

(b) in a case where the [NAME] is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent of the total number of the parties concerned and at least 75 per cent of that number consent to it. (6) For the purposes of subsection (5)— (a) in the case of each lease in respect of which the [NAME] is made, the tenant under the lease shall constitute one of the parties concerned (so that in determining the total number of the parties concerned a person who is the tenant under a number of such leases shall be regarded as constituting a corresponding number of the parties concerned); and

(b) the landlord shall also constitute one of the parties concerned.

Orders varying leases

38 Orders . . . varying leases

(1) If, on an [NAME] under section 35, the grounds on which the [NAME] was made are established to the satisfaction of the [tribunal], the [tribunal] may (subject to subsection (6) and (7)) make an order varying the lease specified in the [NAME] in such manner as is specified in the order.

(2) If— (a) an [NAME] under section 36 was made in connection with that [NAME], and

(b) the grounds set out in subsection (3) of that section are established to the satisfaction of the [tribunal] with respect to the leases specified in the [NAME] under section 36, the [tribunal] may (subject to subsection (6) and (7)) also make an order varying each of those leases in such manner as is specified in the order.

(3) If, on an [NAME] under section 37, the grounds set out in subsection (3) of that section are established to the satisfaction of the [tribunal] with respect to the leases specified in the [NAME], the [tribunal] may (subject to subsections (6) and (7)) make an order varying each of those leases in such manner as is specified in the order.

(4) The variation specified in an order under subsection (1) or (2) may be either the variation specified in the relevant [NAME] under section 35 or 36 or such [NAME] variation as the [tribunal] thinks fit.

(5) If the grounds referred to in subsection (2) or (3) (as the case may be) are established to the satisfaction of the [tribunal] with respect to some but not all of the leases specified in the [NAME], the power to make an order under that subsection shall extend to those leases only.

(6) [A tribunal] shall not make an order under this section effecting any variation of a lease if it appears to [the tribunal]— (a) that the variation would be likely substantially to prejudice— (i) any respondent to the [NAME], or

(ii) any person who is not a party to the [NAME], and that an award under subsection (10) would not afford him adequate compensation, or

(b) that for any [NAME] reason it would not be reasonable in the circumstances for the variation to be effected. (7) [A tribunal] shall not, on an [NAME] relating to the provision to be made by a lease with respect to insurance, make an order under this section effecting any variation of the lease— (a) which terminates any existing right of the landlord under its terms to nominate an [NAME] for insurance purposes; or

(b) which requires the landlord to nominate a number of insurers from which the tenant would be entitled to select an [NAME] for those purposes; or

(c) which, in a case where the lease requires the tenant to effect insurance with a specified [NAME], requires the tenant to effect insurance otherwise than with another specified [NAME]. (8) [A tribunal] may, instead of [NAME] an order varying a lease in such manner as is specified in the order, make an order directing the parties to the lease to vary it in such manner as is so specified; and accordingly any reference in this Part (however expressed) to an order which effects any variation of a lease or to any variation effected by an order shall include a reference to an order which directs the parties to a lease to effect a variation of it or (as the case may be) a reference to any variation effected in pursuance of such an order.

(9) [A tribunal] may by order direct that a memorandum of any variation of a lease effected by an order under this section shall be endorsed on such documents as are specified in the order.

(10) Where [a tribunal] makes an order under this section varying a lease [the tribunal] may, if it thinks fit, make an order providing for any party to the lease to pay, to any [NAME] party to the lease or to [NAME], compensation in respect of any loss or disadvantage that [the tribunal] considers he is likely to suffer as a result of the variation.

39 Effect of orders varying leases: applications by third parties

(1) Any variation effected by an order under section 38 shall be binding not only on the parties to the lease for the time being but also on [NAME] persons (including any predecessors in title of those parties), whether or not they were parties to the proceedings in which the order was made or were served with a notice by virtue of section 35(5).

(2) Without prejudice to the generality of subsection (1), any variation effected by any such order shall be binding on any [NAME] who has guaranteed the performance of any obligation varied by the order; and the [NAME] shall accordingly be taken to have guaranteed the performance of that obligation as so varied.

(3) Where any such order has been made and a person was, by virtue of section 35(5), required to be served with a notice relating to the proceedings in which it was made, but he was not so served, he may— (a) bring an action for damages for breach of statutory duty against the person by whom any such notice was so required to be served in respect of that person's failure to serve it;

(b) apply to [the appropriate tribunal] for the cancellation or modification of the variation in question. (4) [A tribunal] may, on an [NAME] under subsection (3)(b) with respect to any variation of a lease— (a) by order cancel that variation or modify it in such manner as is specified in the order, or

(b) make such an order as is mentioned in section 38(10) in favour of the [NAME], as it thinks fit.

(5) Where a variation is cancelled or modified under paragraph (a) of subsection (4)— (a) the cancellation or modification shall take effect as from the date of the [NAME] of the order under that paragraph or as from such later date as may be specified in the order, and

(b) the [tribunal] may by order direct that a memorandum of the

cancellation or modification shall be endorsed on such documents as are specified in the order;

and, in a case where a variation is so modified, subsections (1) and (2) above shall, as from the date when the modification takes effect, apply to the variation as modified.