Freeholder Notice of charge fee for Remortgage

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  • Freeholder Notice of charge fee for Remortgage

    Hi,

    I'm hoping that someone with knowledge of leaseholds and remortgage fees will be able to help and advise :-)

    I am in the process of remortgaging (changing lender) a flat that is leasehold.

    The my new lender's solicitor has asked the freeholder whether there is a "Notice of charge fee", to which the freeholder has responded with a fee of £285.

    Does this seem reasonable?

    I have included below a quote of text from section 4(iii) of the lease that I think may be relevant? It mentions a fee of £3.15 - but it is not obvious to me whether this relates to the "Notice of charge" fee that the Lessor is attempting to charge? I would appreciate it if someone with more expertise is able to advise whether this clause is relevant, and what action if any I should take?

    "
    4. The Lessee hereby covenants with the lessors and the management company as follows:-
    (iii) Within one calendar month after any such document or instrument as is hereinafter mentioned shall be executed or shall operate or take effect or purport to operate or take effect to produce to the solicitors for the Management Company and the Lessors respectively every transfer mortgage or legal charge of this lease or the demised premises and also any underlease of the demised premises for a term exceeding twenty-one years and every assignment or transfer of such underlease and also every probate letters of administration order of court or other instrument effecting or evidencing a devolution of title of the said term or any such underlease for the purpose of registration and for such registration to pay each of such solicitors a fee of Three pounds and fifteen pence in respect of each such document or instrument so produced and to deliver to the Management Company each deed of convenant referred to in paragraph (ii) (b) of this clause duly stamped

    "




    Many thanks in advance!

    Tade

  • #2
    Looks like £6.30 to me. Whilst inflation has probably made that worthless, the amount that is being asked for is far too much for what is basically recording who to try and recover service charge defaults from.

    Comment


    • #3
      If your solicitor had read the lease...then he would have known how much to send!

      Now he has to send a letter telling the freeholder that he is only entitled to the fee shown in the lease which, of course, he will charge you for...

      Comment


      • #4
        Thank you for your replies.

        I don't have a solicitor. The legal company is acting on behalf of the lender, and so I have assumed it is down to me to try to negotiate with the lessee.


        I've also reviewed the lease and it states the following:


        "The parties hereto hereby apply to the Chief land Registrar to enter a restriction on the register of the title to this lease in the following terms:- 'Except under an Order of the Registrar no transfer is to be registered without the consent of ...'"


        This suggests that the lessee could just refuse consent unless I pay the £285.


        I don't really want to delay the re-mortgage process too long; perhaps the best course of action is for me to write to the lessee and state that I will grudgingly pay it so that the re-mortgage is not delayed, and that I will be pursuing them later to obtain further details as to why the charge is so high


        Tade

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        • Freeholder Notice of charge fee for Remortgage
          Tade
          Hi,

          I'm hoping that someone with knowledge of leaseholds and remortgage fees will be able to help and advise :-)

          I am in the process of remortgaging (changing lender) a flat that is leasehold.

          The my new lender's solicitor has asked the freeholder whether there...
          11-10-2017, 20:52 PM
        • Reply to Freeholder Notice of charge fee for Remortgage
          Tade
          Thank you for your replies.

          I don't have a solicitor. The legal company is acting on behalf of the lender, and so I have assumed it is down to me to try to negotiate with the lessee.


          I've also reviewed the lease and it states the following:


          "The...
          12-10-2017, 20:59 PM
        • Reply to Freeholder Notice of charge fee for Remortgage
          Tipper
          If your solicitor had read the lease...then he would have known how much to send!

          Now he has to send a letter telling the freeholder that he is only entitled to the fee shown in the lease which, of course, he will charge you for...
          12-10-2017, 11:58 AM
        • Reply to Freeholder Notice of charge fee for Remortgage
          leaseholder64
          Looks like £6.30 to me. Whilst inflation has probably made that worthless, the amount that is being asked for is far too much for what is basically recording who to try and recover service charge defaults from.
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