License to Alter Premium Query

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    #16
    Originally posted by jazzythumper View Post
    Is this a sensible approach?
    Sorry, but absolutely not! Why give the landlord a windfall which cannot be justified? The landlord's interest in your flat is minimal. He or his predecessor took full value for it when the lease was granted.

    The law is clear. There is no need to pay.

    [QUOTE=jazzythumper;n1114609]With regards to point 3 if they didn't agree to this would it further reinforce that consent is unreasonably being withheld?/QUOTE]

    Not really, no, but if they do not come up with some good reasons for refusal they get close to unreasonably withholding consent..

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      #17
      [QUOTE=Lawcruncher;n1114655]

      Sorry, but absolutely not! Why give the landlord a windfall which cannot be justified? The landlord's interest in your flat is minimal. He or his predecessor took full value for it when the lease was granted.

      The law is clear. There is no need to pay.

      Originally posted by jazzythumper View Post
      With regards to point 3 if they didn't agree to this would it further reinforce that consent is unreasonably being withheld?/QUOTE]

      Not really, no, but if they do not come up with some good reasons for refusal they get close to unreasonably withholding consent..
      The reason that I suggested, the reduced premium was that I am wary of the legal costs of going to a county court to pursue a license to alter where we don't pay a premium and only pay the administrative costs.

      Is there not a risk that these costs could end up similar to any premium we would pay?

      This is what the Leasehold Advisory Service explained to us was a big risk of this.

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        #18
        Landlords and their advisers know they are in the driving seat and rely on leaseholders taking the line of least resistance. There are times when taking the line of least resistance is a sensible way forward, but I cannot see that volunteering to pay £5000 can in any way be justified.

        You have not said how long ago it was since you applied for consent. If it was fairly recently then I think you need to do some pressing before considering taking action. Have you put the law to them?

        Before you take any decision, perhaps we can go into what has been said so far. If the exchanges have been in writing, what has the landord or his agent said? If there is some indication that they will consent that may amount to actual consent. Please quote exact words.

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          #19
          I've sent you a DM as I'm not sure it's a good idea to post the correspondence here.

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