Deed of Variation Standardisation for Oak Tree Gardens

The Board of volunteer Resident Directors of the Management Company has received a number of Deed of Variation (DoV) requests since being appointed in January 2026.

From September 2026, the Board has instructed LSH & LSH CoSec to introduce a standardised process for certain DoV requests at Oak Tree Gardens.

The process applies where a request relates to the provisions concerning enforcement of the rentcharges under clause 5.7 of the TP1 and uses wording which has already been considered and approved by the Board as a precedent in connection with an earlier property sale on Isabella Drive.

Where the same variation is requested in future, the approved standard wording can therefore be used without the Board having to reconsider the same substantive terms for each individual property. This should make the process quicker and more efficient for residents, solicitors and the Management Company.

The standard variation removes certain statutory enforcement remedies associated with the rentcharges, including relevant remedies under section 121 of the Law of Property Act 1925. It does not, however, remove the Management Company’s ability to pursue genuine unpaid sums through the normal debt-recovery process.

Importantly, the variation does not remove or alter a homeowner’s obligation to contribute towards the management and maintenance of the estate through the annual estate charge. The remaining provisions and obligations contained within the property’s original TP1 also continue to apply.

Residents do not need to obtain a Deed of Variation routinely. A DoV would normally only be required where a homeowner’s solicitor or mortgage lender requests one, typically in connection with the sale or remortgage of a property.

Any request for a materially different variation to the covenants or other provisions contained within the TP1 will continue to be referred to the Board for consideration.