Registration of notice fee

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    Registration of notice fee

    Hello

    Can you let me know if the following should be an administration or service charge cost? Clause requiring me to pay £40.00
    1. Within four weeks next after any transfer assignment subletting charging or parting with possession ( whether mediate or immediate ) or devolution of the Demised Premises to give notice in writing of such transfer assignment subletting charging parting with possession or devolution and of the name and address and description of the assignee sublessee charge or person upon whom the relevant term of any part thereof may have devolved (as the case may be ) and to deliver to the Lessor or its Solicitors within such times as aforesaid a verified copy of every instrument of transfer assignment subletting charging devolution and every probate letters of administration order of Court or other instrument effecting or evidencing the same and pay to the Lessor a reasonable sum for the registration of every such notice.

    #2
    Admin cost .

    Comment


      #3
      This wouldn't be a service charge cost (they are the costs that are typically shared by all leaseholders in a property).

      It is more like an administration cost, although it may not fit the strict legal definition under schedule 11 of the Commonhold and Leasehold Reform Act 2002.

      Comment


        #4
        Macromia,

        Thank you so why would it not fit the strict legal definition?

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          #5
          The clause does not mention the amount of the fee. Just send £10.

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            #6
            They are asking for £40.00 and threatening court action if I dont pay

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              #7
              Thank you Lawcruncher so if I offer to pay £10.00 do I pay this to the managing agent or the freeholder? Also is this an admin fee or a service charge as I want to ensure they are serving me with the right notices attached to it?

              Comment


                #8
                The lease says the notice is to be served on the landlord or his solicitors. Send to the landlord. The agents cannot sue you for the fee because they are not a party to the lease and in any event have no entitlement to be served with the notice. Only the landlord can sue. It has to be doubted that the landlord will want to sue for £30.00 as the court fee will be £25.00

                Do not offer to pay the £10.00 - just pay it when you send the notice.

                Comment


                  #9
                  Thank you so much for your help it is appreciated and a final question do I have to pay this fee every time I change tenants?

                  Comment


                    #10
                    Yes you do.

                    Comment


                      #11
                      Transfer fees do not come under the CLRA 2002; they are also outside of the FTTs jurisdiction to determine reasonableness.

                      Comment


                        #12
                        Courts have determined that approx £ 30 is acceptable for freeholder / managing agent
                        • to read through the A.S.T. and ask you to make amendments if certain parts conflict with the lease.
                        • to record the number of sub-tenants, their names, contact numbers, number of cars ( there may not be enough parking spaces.)
                        • to Know how many people live there in case of a fire.
                        • to inform the buildings insurers that flats are let, and some need the names of the residents ( sub-tenants )
                        • to ensure there are enough bins. ( there usually are ) if an increase in residents occur.
                        • And most important - to get the letting agents to issue a deed, signed by the sub-tenant that they will abide by the flat lease, and probably issued by the managing agent, to you or the letting agent.

                        All above takes time and expense, which is what I have to do, My charge is £ 40 and you get "papers" not just a receipt.

                        All above is required to be done ( not many agents do most of above ) but ONLY on change of tenant, and not when renewing a tenancy for the same named sub-tenant.

                        When you change a tenant, it is most likley you have to ask again for permission to sub-let ( underlease ) as permision was only given for the first sub-tenant.

                        i need to know that the sub-tenant is of good character, and will look up their names in the magistrates courts, and will advise leaseholders that "in my opinion" a person who I find who has been shop lifting, theft / burglary should not be entertined on the premises.

                        Remember, permision is given to sublet via the Managing company, to whom all leaseholders will be a member of, and the directors will be leaseholders and the leaseholders will ( in my case ) will be asked if they have any objection to an incoming new sub-tenant, as per my enclosed recomendation, which could be,
                        "I have found no incriminating evidence, therefore am happy to state mr / mrs X would be sutable sub-tenants,
                        or "This is the incriminating evidence I have found", and I as either a leaseholder or Co.Sec / manager would state "I would not like to see that person here, but please advise if the leasehoders agree or disagree".

                        Yes, i look after my leaseholders, like no other.

                        Comment


                          #13
                          The lease does not require you to seek the freeholder's permission to sublet, it only requires you to notify the freeholder or its solicitors after the event and pay a reasonable registration fee. The problem with paying £10 is that the freeholder will most likely carry forward the unpaid balance and claim that there are unpaid arrears when you wish to sell.

                          Comment


                            #14
                            Good luck with it and let us know how you get on!

                            Comment


                              #15
                              Originally posted by vmart View Post
                              Transfer fees do not come under the CLRA 2002; they are also outside of the FTTs jurisdiction to determine reasonableness.
                              vmart so how could these be challenged if not at FTT, would this be a company law issue?

                              Comment

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