Variation of Leases

Our award winning Leasehold Enfranchisement team are experts in the leasehold reform sector


The Landlord and Tenant Act 2002 provides a mechanism for a landlord or leaseholder to apply to vary provisions in one or more leases that may be unsatisfactory.

Leases cannot generally be varied unilaterally. Where all parties to a lease agree that a provision needs to be varied that can normally be achieved by the parties entering into a deed of variation to reflect that variation which is then registered at the Land Registry.

Where the variation is not agreed by one party, or where the variation is agreed by all parties but the variation affects more than one lease so the costs of numerous deeds of variation are high, consideration should be given to whether an application to the First Tier Tribunal (Property Chamber) is appropriate.

Generally, an application may be made to vary a single lease or multiple leases where that lease or leases fail to make satisfactory provision for repairs and maintenance, insurance, the computation of the service charge or interest on arrears of service charge.

Where an application relates to more than one lease there are also other grounds for an application to be made. These are that the object sought to be achieved by the variation cannot be satisfactorily achieved unless all leases are varied to the same effect. If less than 9 leases are to be varied then all but one party must consent to the variation. If there are 9 or more leases to be varied then the application must not be opposed by more than 10% of the parties and at least 75% of the parties must consent to it. The landlord is a “party” for the purposes of these calculations.

The tribunal has the power to order any party to pay compensation to another if anyone can show they are disadvantaged by the variation.
Advance notice of the application must be given to anyone affected by the application, including the landlord, leaseholders, mortgage lenders and any management company or statutory manager.

Our award winning Leasehold Enfranchisement team have the specialist knowledge, expertise and experience to advise you in respect of claims for the variation of a lease or leases. They can assist you in determining whether there are grounds for an application, guide you through the procedure and likely costs involved in more detail and of course act for you in connection with the claim itself. They can also provide advice to those who wish to object to any claim made by another party or seek compensation.

Who to Contact


Sarah Osborne

Partner, Head of Leasehold Enfranchisement

Partner, Head of Leasehold Enfranchisement

Sarah Osborne

Sarah is a Partner at Hart Brown and the Head of Leasehold Enfranchisement. Enfranchisement is a niche area of property law that entitles flat owners to take over control and ownership of their building.

Sarah brings 13 years' experience to the firm and to her role, having practised as a Licenced Conveyancer between 2005 – 2013, and as a Solicitor from 2013 onwards.

Clients value Sarah's depth of experience and pro-active approach to each case.

Leasehold Enfranchisement | 7th October 2019

Is Right to Manage the Right Way?

The Right to Manage (RTM) has been available for flat owners since it became law in 2002. It allows flat owners the right for the...

Sarah Osborne

Leasehold Enfranchisement | 6th September 2019

Is Commonhold for the common good?

Commonhold is receiving a lot of attention due to the recent Law Commission paper on resurrecting this process. This is part of a long (and...

Sarah Osborne

Leasehold Enfranchisement | 16th May 2018

WARNING FOR LANDLORDS… How does a revocable licence become an...

The recent judgment by the Court of Appeal in the case of The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square...

Suzannah Johnson

Leasehold Enfranchisement | 26th July 2017

Consultation Paper – Tackling Unfair Practices in the Leasehold Market

On Tuesday of this week, 25th July 2017, the Department for Communities and Local Government released its consultation paper “Tackling unfair practices in the leasehold...

Emily Fitzpatrick

Leasehold Enfranchisement | 6th July 2017

The Costs Jurisdiction of the First-Tier Tribunal Property Chamber

The costs jurisdiction of the FTT which is now contained in Rule 13 of the Tribunal (Procedure First-tier Tribunal) (Property Chamber) Rules 2013 has now...

Emily Fitzpatrick

Emily Fitzpatrick Named as ERMAS 2017 Award Finalist

It is with great pleasure and excitement that we can announce that Emily Fitzpatrick, Partner in Leasehold Enfranchisement, is a finalist in the Regional Professional...

Emily Fitzpatrick

Email Us

We will return your email within 24 hours during our office hours.

Submit Enquiry

01483 887766

Call us today if you would like to discuss your legal issue.

Come and see us to book an appointment

At one of our five offices.

Our Offices