Airspace Lease Agreement

1 of the law covers “the areas by which tenants have rights arising from their rental contracts and the areas normally assessed with the building, including those to which the lessor needs access to fulfil its obligations (due to tenants) with regard to the repair and maintenance of the building”. One of the leases granted everything that was built above the roof and 30 meters of airspace above the roof. It was found that the airspace up to the height of the chimney corresponded to the building and therefore to a part of the building (the tenants accepted that the airspace above the height of the chimney was not subject to the law). Instead, they issued a communication under the Leasehold Reform Housing & Urban Development Act 1993 (“the 1993 Act”) to exercise their collective right to vote, to acquire land ownership of the building, which of course includes the common areas and which, if successful, would deprive the developer of his ability to achieve the development of the proposed airspace. . . .

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