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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi We are a committee on a small private estate which has

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Hi We are a committee on a small private estate which has a lease agreement dating back some years can this agreement be amended? The old lease states no camper vans on the estate however the Chairman and Secretary gave permission for one resident to park it on the estate but not to sleep in it. One resident has objected and states he will sue the two members for allowing this is this possible?
There are many other things in the lease which are now outdated
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When was the original lease signed?
Customer: replied 3 years ago.

I believe about 1990

The basic premise of a lease is that it provides
certainty for the parties to that lease.

The terms in it to therefore cannot be amended
unless all the parties affected by it agreed

Does that answer the question? Can I assist
further or answer any specific queries?

Customer: replied 3 years ago.

Can the resident who is objecting to the camper van sue the Chairman and Secretary for allowing it to park on the estate


Would the amendment be on a majority or 100% to change the outdated lease

As I said earlier, the idea of a lease is to
provide certainty and there would be no certainty for a leaseholder if the lease
could be changed by merely a vote. It is not of vote of all the committee
members it is the agreement of everyone who is affected by the lease in any way
at all.

The person who objects sues the freeholder and or
the management company. The chairman and secretary have no authority to grant
the permission that they granted and if I was the one who objects, I would be
seeking costs from them personally.

The remedy here is quite simply that if one
person objects, the consent must be withdrawn and the parking of whatever it is
that is in breach of the lease must end immediately.

Does that answer the question? Can I assist
further or answer any specific queries?

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