Do you know who the landlord is and whether they are agreeable to an amendment of this clause?
Hi, The only way that clause could be changed would be for you and the landlord to agree to the change. The "manager" may or may not actually be the landlord of your lease - you can ask your conveyancer about this.
If the landlord agrees then you can execute a deed of variation with them either removing or modifying the clause. If the landlord does not agree then you are stuck. There may also be covenants either in respect of the use of the flat itself or the communal areas that stipulate that you shall not cause a nuisance. If lots of people coming and going constitutes a nuisance then the lesees of the other flats could enforce this against you.
You would also have to speak to the local authority about your use of the property as well to ensure that you are not in breach of planning law.
Ask you conveyancer about the identity of the landlord and make enquiries regarding whether he would consent to such an alteration. If he does not consent and you start using it for your purposes then he can enforce the clause against you.
At the same time as your conveyancer about clauses relating to nuisance and if the same are contained in the lease (which they almost certainly will be) then you should check the other flat owners attitude towards your intended use.
The landlord and the other flat owners are the key here, not the vendor.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
If there is a covenant in each lease that all the other leases in the block should be on identical terms then a deed of variation would be required in respect of all the leases then, yes, this would be correct. You may have a copy of the lease sent to you by your conveyancer - have a look through it or give them a call
If this is the case then obviously all parties (each lesee and landlord) would have to agree. Plainly, they would also ask that you foot the legal bill for this as well.
You've got to make personal enquiries with the landlord and other lesees, if they are interested then you can ask your conveyancer how much they would charge for preparing the deeds of variation to see if this is something you can afford.
Hope this clarifies, if so please kindly click accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).