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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20389
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

Resolved Question:

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There are many other things in the lease which are now outdated
Submitted: 1 year ago via LawDepot.
Category: UK Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

When was the original lease signed?
Customer: replied 1 year ago.

I believe about 1990

Expert:  Stuart J replied 1 year ago.






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Would the amendment be on a majority or 100% to change the outdated lease

Expert:  Stuart J replied 1 year ago.


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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Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20389
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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