Lease Variation

[Wings]

I am a Leaseholder of two flats, the same within a block of twelve flats, the flats being managed by a Self Management Company, myself being a director of the Management Company.
Whilst recently handling enquiries concerning the sale of one Leaseholder’s flat, the purchaser’s solicitor made a request for a Deed of Variation of the Lease, the same covering the recreation use of the garden area.

The Freeholder of the block is the local council authority, and during a recent discussion with another Leaseholder, it was implied that the Lease had been amended, altered at the time, for the advantage of the then Leaseholder, who then happened to be a local councillor.

From my understanding of the Landlord and Tenants Act 1987, a Deed of Variation to a Lease, could not be implemented until all interested parties to the Lease had been both consulted, the same being Freeholder, Leaseholders etc. together with a majority of the Leaseholders having voted to approve the Deed of Variation.
Whilst I have my own Flat’s Leases, is it possible to obtain copies of historical Leases, not just for my Flats, but also for another Leaseholder’s Flat, and what direction and course of action could the present Leaseholders take, if any, against the Freeholder

[bladebloke]

Wings said:

I am a Leaseholder of two flats, the same within a block of twelve flats, the flats being managed by a Self Management Company, myself being a director of the Management Company.
Whilst recently handling enquiries concerning the sale of one Leaseholder’s flat, the purchaser’s solicitor made a request for a Deed of Variation of the Lease, the same covering the recreation use of the garden area.

The Freeholder of the block is the local council authority, and during a recent discussion with another Leaseholder, it was implied that the Lease had been amended, altered at the time, for the advantage of the then Leaseholder, who then happened to be a local councillor.

From my understanding of the Landlord and Tenants Act 1987, a Deed of Variation to a Lease, could not be implemented until all interested parties to the Lease had been both consulted, the same being Freeholder, Leaseholders etc. together with a majority of the Leaseholders having voted to approve the Deed of Variation.
Whilst I have my own Flat’s Leases, is it possible to obtain copies of historical Leases, not just for my Flats, but also for another Leaseholder’s Flat, and what direction and course of action could the present Leaseholders take, if any, against the Freeholder

I don't know how you've come to have that understanding I'm afraid. The L&T Act 1987 does provide a procedure for a party who is unhappy with certain aspects of a lease to apply to the court for the lease to be varied. But that doesn't affect the usual principle - if the parties to a lease (i.e. the landlord and the tenant) agree to vary it, they are free to do so (subject to the consent of any mortgagees).

You can apply to the Land Registry to get historical copies of titles (yours or somebody else) using form HC1 (it has to go by post, not online). I've never tried getting a historic copy of a lease but don't think that will be relevant anyway - if a lease has since determined (usually as a result of the grant of a new one in the case of long residential leases) then it's no longer of relevance - the current lease is. What you want, by the sounds of it, is the deed of variation. That should be available as a document filed against the title in the normal way.