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Section 36 (Application to Vary Other Residents’ Leases)

Summary

1. This section states that if one party to a long lease makes an Application under Section 35 of the Landlord and Tenant Act 1987 to vary a lease, any other party to a lease held by the same Landlord can make their own Application under Section 36 to the First Tier Tribunal to vary other leases in the same way.

Why make an Application under Section 36?

1. The reason why a Leaseholder or Landlord would make such an Application is to ensure that other leases in the same Building or Estate were on the same terms.

2. If this did not happen then it could mean that other Leaseholders in the same building or estate have different rights and obligations, or have their Service Charges calculated in different ways.

3. A situation where leases within the same building or estate are on different terms could potentially have negative consequences for both Leaseholders and Landlords.

4. For instance, if a Lease was varied to lower the share of the Service Charge the Leaseholder was required to pay, the share paid by other Leaseholders may need to increase or there could be a shortfall in the funding of the upkeep of the Building or Estate.

Which Leases can an Application under Section 36 cover?

1. Section 36 says an Application can only be made for Long Leases with the same Landlord.

2. The Leases do not need to be in the same building, or have the same wording, as the Lease which was the subject of the initial Application under Section 35.

On what Grounds can an Application be made under Section 36?

1. There are two reason why an Application can be made under Section 36.

i. If the Leases referred to in the Section 36 have the same purported defect as the Lease which was the subject of the initial Section 35 Application.

ii. If it would benefit the person making the Application, or the holders of the other Leases mentioned in Section 36 Application, that their Leases are also varied.

Relevant Case Law

See the section of our case law library on Applying to Vary the Terms of a Lease

Click on the link to read more about The Landlord and Tenant Act 1987