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Wording of Lease

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  • Wording of Lease

    My lease contains the following:-

    The landlord expressly reserves the right to withdraw release vary or abandon in favour of the owner or owners from time to time of any part of [name of property] (including the premises) any of the Management Restrictions entered into or to be entered into

    There are no punctuation marks in the text.

    1. Does "in favour of the owner" apply only to the word "adandon" or to the other preceding words (withdraw, release and vary).

    2. What exactly does "in favour of the owner" mean?

    3. In the above case does "owner" mean the Landlord?

  • #2
    Re: Wording of Lease

    1. Applies to all those words.

    2. It means that the landlord can decide not to enforce a particular restriction against a particular "owner", and other "owners" cannot complain about this.

    3. Can't see how it can mean "landlord" if the "landlord" reserves the right to very etc in favour of an "owner". Owner must be therefore be a separate person or at least the same person in a different capacity, e.g. landlord owns freehold and also owns lease of a particular flat - so would be "owner" of that flat. The likely interpretation is that "owner" in this context means a lessee of an individual flat, but the whole lease would need to be looked at to see the matter in context so I could not give a definite view.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.


    • #3
      Re: Wording of Lease

      Looks like you are screwed.

      Dont buy leasehold is my advice!

      But do get professional legal advice.
      Information for UK new home buyers
      New Home Blog The latest news and views


      • #4
        Re: Wording of Lease

        Thank-you Richard for your reply. I am not in any way "screwed" as New Homes Expert suggested as my enquiry was simply out of interest. I am enjoying learning from this forum, so when I come across something in a lease that I do not understand I will probably post a message.