[2025] UKUT 160 (LC)

Together with the determination in respect of the service charges, the FTT heard an application by the appellants for the variation of their lease. It seems that originally 13 flats were let, while one was occupied by the estate gardener. Following his retirement that flat was let and so there are 14 flats altogether; yet the appellants’ lease still requires them to pay one thirteenth of the costs of the Lessor’s expenses under the Fourth Schedule. With the agreement of the respondent the appellants asked the FTT to vary the lease so that it provided for a one fourteenth cost, and the FTT made that order.

The appellants in the grounds of appeal asked for that order to be set aside. The new standard leases of the flats in the main house distinguish between a service charge, of which the lessees each pay one fourteenth of the lessor’s expenditure, and the “Mansion Charge” of which the lessees pay one thirteenth – obviously because only the lessees of the main house flats pay the charges relating to the common parts and the structure of the building. If the appellants as lessees of Flat 2 now have to contribute to the common parts within the main building, the respondent will recover too much: thirteen thirteenths plus one fourteenth.

As I have decided that the appellants are not liable to contribute to the expenditure relating to the common parts in the main house, and as their lease contains no provision for them to contribute to the repair or maintenance of its structure and exterior, that variation remains unproblematic and there is no need for me to say anything further about it.