Flats 1-18, 89 Portland Street, London W1 W7LX LON/00BK/LVT/2024/0600
DECISION
[4]I consider that the proposed variation meets the criteria in the Act and the lease variation is allowed. In particular I make the following findings: a) The object of the variation cannot be achieved by any other means that varying the leases. b) The proposed variations are patently within the contemplation of s.37 and 38 of the Act. c) There is a sufficient majority of leaseholders in favour of the variation. d) Compensation is not payable.[5]The Applicant will need to file the following documents so that the variation order can be made: a) A list which specifies the relevant reversionary title number to the residential leases at Flats 1-18, 89 Portland Street, London W1 W7LX together with each leaseholder’s name, flat number and title number. b) A separate list of the variations sought. 5[6]These documents must be filed by 4 pm on 3rd February 2025 and thereafter the order will be finalised. Judge Shepherd 27th January 2025 Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-forpermission- to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the application for permission to appeal to proceed, despite not being within the time limit. The application for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber). 27th January 2025 © CROWN COPYRIGHT FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BK/LVT/2024/0600 Property : Flats 1-18, 89 Portland Street, London W1 W7LX Applicant : Portland Apartments Limited Representative : Shoosmiths Respondent : The Warden and College of the Souls of the All Faithful People Deceased in the University of Oxford Representative : Type of application : For an order varying leases Tribunal member(s) : Judge Shepherd Date of Order : 19th February 2025 _________ ORDER __________ UPON considering the application made by the Applicant under s.37 Landlord and Tenant Act 1987 AND UPON an Appendix being attached to this Order, which specifies the relevant reversionary title number to the residential leases at Flats 1-18, 89 Portland Street, London W1 W7LX together with each leaseholder’s name, flat number and title number IT IS ORDERED, pursuant to section 38, that each of the residential leases in respect of Flats 1-18, 89 Portland Street, London W1 W7LX 2 referred to below are amended in accordance with the Appendix to this order: IT IS FURTHER ORDERED that each of the variations referred to above are to take effect and bind each of the parties to the leases with effect from and including 19th February 2025. The Tribunal directs the solicitor for the Applicants no later than 26th February 2025:(i) file a copy of this Order together with a copy of the Tribunal’s decision, at HM Land Registry.(ii) confirm to the Tribunal that it has done so. The Tribunal directs HM Land Registry to enter a note in the register of each of the leasehold titles of the residential leases in respect of Flats 1-18, 89 Portland Street, London W1 W7LX (as set out in the Appendix) which are varied by this order and in the register of the relevant reversionary freehold title, confirming that the terms of the registered lease has been varied by this Order, dated 19th February 2025 and to file a copy of this Order under each affected title. Name: Judge Shepherd…………………. Date: 19th February 2025…………………. APPENDIX Variations to the Lease Description Clause Deletion of existing clauses Clause 7 of Schedule 3 of the Lease shall be deleted. Replacement of existing clauses Clauses numbered 4.4, 4.6 and clause 11 of Schedule 5 of the Lease shall be deleted and replaced by the following clauses: Clause 4.4 “Not to make any alteration or addition to the Demised Premises without the consent of the Landlord and Management Company, such consent not to be unreasonably withheld or delayed”. Clause 4.6 “To pay all costs charges and expenses (including solicitors’ costs and surveyors’ fees) incurred by the Lessor and/or by the Management Company in relation to or in conjunction with:a. any application for consent required by the Lease or otherwise by law.b. the preparation and service of a Notice under either section 146 or section 147 of the Law of Property Act 1925 or otherwise in connection with the potential or actual forfeiture of the Lease, and whether or not forfeiture is avoided, whether by relief granted by the Court or otherwise.c. the preparation and service of a Schedule of Dilapidations whether prior to or at the expiry or sooner determination of the term hereby granted.” Clause 11 of Schedule 5 “Not without the previous consent of the Lessor and Management Company (such consent not to be unreasonably withheld) to alter or permit or suffer to be altered any electric wiring gas or water supply system but replacement and repair of those items solely serving the Demised Premises shall not require consent”.