We have 2 blocks on our estate - the leases provide that we collect service charges as a whole not block by block. At a previous AGM it was minuted that each block should have its own reserve towards its own repairs. This has been the convention since, but now this is being objected to by some and we need to understand how sound our decision was.


Sadly, you have fallen foul of the misconception that company resolutions can change leases. This is NEVER the case, so the minutes and intention is not enforceable in law an AGM should consider only the company accounts to be filed with companies house service charge accounts are a matter of contract law and unless BOTH PARTIES agree to vary the contract the minutes and resolution have no effect. To vary the contract other than by both parties agreement (which means changing leases by way of a deed of variation to reflect this) then it is void If 75% agreement were achieved then Section 37 of the 1987 Landlord & Tenant Act then you could apply to the First Tier Tribunal to change the leases

Mr Stone, Heathfield House