36 Application by respondent for variation of other leases.E+W
(1)Where an application (“the original application”) is made under section 35 by any party to a lease, any other party to the lease may make an application to the [F1tribunal] asking it, in the event of its deciding to make an order effecting any variation of the lease in pursuance of the original application, to make an order which effects a corresponding variation of each of such one or more other leases as are specified in the application.
(2)Any lease so specified—
(a)must be a long lease of a flat under which the landlord is the same person as the landlord under the lease specified in the original application; but
(b)need not be a lease of a flat which is in the same building as the flat let under that lease, nor a lease drafted in terms identical to those of that lease.
(3)The grounds on which an application may be made under this section are—
(a)that each of the leases specified in the application fails to make satisfactory provision with respect to the matter or matters specified in the original application; and
(b)that, if any variation is effected in pursuance of the original application, it would be in the interests of the person making the application under this section, or in the interests of the other persons who are parties to the leases specified in that application, to have all of the leases in question (that is to say, the ones specified in that application together with the one specified in the original application) varied to the same effect.
Textual Amendments
F1Word in s. 36(1) substituted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. 163(3), 181(1); S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)
Modifications etc. (not altering text)
C1Ss. 35, 36 modified (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 7 para. 10; S.I. 2003/1986, art. 2(a); S.I. 2004/669, art. 2(a)