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Paragraph 3 Application for order varying leaseF4I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Any party to a lease of a dwelling may apply to F1the appropriate tribunal for an order varying the lease in such manner as is specified in the application on the grounds that—

(a)

any administration charge specified in the lease is unreasonable, F2...

(b)

any formula specified in the lease in accordance with which any administration charge is calculated is unreasonable.F3, or

(c)

an administration charge specified in the lease is not payable because of paragraph 2A.

(2)

If the grounds on which the application was made are established to the satisfaction of the tribunal, it may make an order varying the lease in such manner as is specified in the order.

(3)

The variation specified in the order may be—

(a)

the variation specified in the application, or

(b)

such other variation as the tribunal thinks fit.

(4)

The tribunal may, instead of making an order varying the 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.

(5)

The tribunal may by order direct that a memorandum of any variation of a lease effected by virtue of this paragraph be endorsed on such documents as are specified in the order.

(6)

Any such variation of a lease shall be binding not only on the parties to the lease for the time being but also on other persons (including any predecessors in title), whether or not they were parties to the proceedings in which the order was made.

Annotations

Textual amendments

F1

Words in Sch. 11 para. 3(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 147(a) (with Sch. 3)

F2

Word in Sch. 11 para. 3(1)(a) omitted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by virtue of Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(5)(a), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4

F3

Sch. 11 para. 3(1)(c) and word inserted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(5)(b), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4

F4

Sch. 11 para. 3 cross-heading inserted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(4), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4

Commencement

I1

Sch. 11 wholly in force at 30.3.2004; Sch. 11 not in force at Royal Assent see s. 181(1); Sch. 11 in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); Sch. 11 in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(c)(i) (with Sch. 2)

Notes on Part 1

Textual amendments

F1

Sch. 11 Pt. 1 heading substituted (30.6.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Leasehold Reform (Ground Rent) Act 2022 (c. 1), ss. 18(2), 25(2) (with s. 23); S.I. 2022/694, regs. 2, 3, 4