Where the lease contains inadequate provisions as to repair/maintenance of the building of which the property forms a part or where the lease is otherwise defective and where
- The maintenance and insurance of the building (of which the property forms part) is being undertaken by the tenants and / or a management company (which has not been struck off and is solvent) without any disputes or problems.
- The rights of access have been exercised over the common parts for at least 12 months without any problems.
- The Landlord has not been approached for a deed of variation.
- The Land is located in England or Wales
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