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  • I read that as the number of people rather than flats.

    So if he's got four people on the lease living in his flat (unlikely), and you've got two and your other neighbour has one, then he's got the majority?

    IANAL

  • IANAL either but I think tenant in this case just means flat and is used to mean the different parties that make up the share of freehold (the landlord) rather than like a rental tenant.

    We have 2 kids and the difficult other owner lives alone so we would have a majority that way anyway.

  • I read that as the number of people rather than flats.

    So if he's got four people on the lease living in his flat (unlikely), and you've got two and your other neighbour has one, then he's got the majority?

    I can't see any realistic possibility it would be read that way by a judge, as it wouldn't make any sense. It would simply encourage the owner of each flat to have the legal title to the leasehold held by four people (the Law of Property Act 1925 imposes a limit of 4 joint legal owners), which would be futile and pointless. Legal title to all land is held jointly, so where there's more than one owner of a leasehold flat they each own all of the flat jointly at law (the position is different in equity). So collectively they could be viewed as 'the tenant', and I'm sure that's how it would be interpreted.

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