Freeholder requesting suletting fee

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    Freeholder requesting suletting fee

    Hello, I was convinced that since I extended my lease we had removed the need for the freeholder's consent to subletting, but now I can't seem to find that in the new lease.

    I received a letter from my freeholder who noticed my correspondence address is different to that of the flat. They are asking for a copy of the AST and payment of £120 "for the registration to underlet which covers our administrative costs"

    Now, I have read my lease and the only clause I think relates to this reads the following "Within one month after every assignment mortgage legal charge assent transfer or underlease to produce a certified copy thereof to the Lessor's Solicitors for registration ant to pay them a registration of of TWENTY FIVE POUNDS (£25.00) plus Value Added Tax in respect thereof and in the case of a devolution of the interest of the Lesee on the death of the Lessee if the same is not perfected by an Assent twelve months after such death the Probate or Letters of Administration shall be produced and the fee paid as aforesaid".

    The original lease is from 1988, but should this change?

    I know another flat in the same building pays £120, but can this be challenged and is it worth it?

    Can they go back to the beginning form when I first started renting the flat?

    Thanks in advance for your help!

    #2
    It seems pretty clear cut that only £30 is payable.

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      #3
      Not only that, but the requirement is to serve notice on the landlord's solicitors. Write back and say you are happy to comply with the terms of the lease - can they let you know the name and address of their solicitors.

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        #4
        The letter is signed by their "subletting department", so I'm assuming it's from their own legal department.

        I have paid the fee and sent a copy of the AST, like they require, but asked in the email that they point out the clause in the lease that requires me to do that.

        Was I wrong in paying? I thought that if they are in the wrong I could pay then contest...

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          #5
          I it will be their sub-landlord milking department, not any sort of legal department. This sort of freeholder is set up to milk freeholders, typically by making charges that aren't legally justified.

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            #6
            Originally posted by leaseholder64 View Post
            I it will be their sub-landlord milking department, not any sort of legal department. This sort of freeholder is set up to milk freeholders, typically by making charges that aren't legally justified.
            For sure. They are totally that. I had a taste of it when doing the lease extension, they settled the day before the tribunal hearing, for an amount 15k lower than what they originally requested.

            But I know the other flat pays £120 subletting fee, I just want to make sure I have the basis to complain. Maybe she just pays because she can't be bothered to check the lease...

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              #7
              Most leaseholders have never read the lease (as have most RMC and RTM directors).

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                #8
                I have and I have read again last night. The clause after the one I wrote above reads the following "During the last seven years of the term not to assign underlet or part with the possession of the demised premises or any part thereof or the Landlords fixtures and fittings (if any) without the consent in writing of the Lessor which consent shall not be unreasonably withheld".

                So my interpretation is, since I have well over 100 years left in my lease, I don't even need to seek permission from the landlord to sublet, only to inform him within one month and pay £25+VAT.

                Am I missing some trick or are they just money grabbing crooks?

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