Fee for Garage Conversion

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Fee for Garage Conversion

    Hi there, new to the forum and having problems with a fee my leaseholder wants to charge for consent for a garage conversion.

    I own a detached house and pay a ground rent to the leaseholder of £115 per annum. The house has an integral garage which we want to convert into a room. There is 91 years left on the lease.

    I approached the leaseholder who charged me a £40 fee initially to ask for the consent. They came back to me and pointed out that the lease had a covenant stating that the garage had to be used to house a motor car they would only grant consent if I paid them a "premium" of £655.

    I challenged this and they basically said that the charges were fair and reasonable and unless I accepted their terms of conditions of the consent (which they wont issue to me) they wont accept payment. I believe this is because if I do accept their terms and conditions and make the payment - I cannot then go to tribunal to challenge the fee. They have also pointed out they don't have to grant consent.

    Help - I feel the fee is extortionate.

    #2
    1. You are the leaseholder; you meant to refer to L as 'freehold reversioner', I guess.

    2. If you've been the leaseholder for at least two years, your better option is to buy the f/r (house + garage).

    3. The cost should be no more than about £2500 + V's fees of about £800 inc. VAT.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks very much for the advice - appreciated.

      I believe one of my neighbours approached them several years ago and they asked for around £14,000 !!

      As I understand it, if I get an independent valuation, I can challenge it though - is this correct ?

      Comment


        #4
        Originally posted by smithpr View Post
        Thanks very much for the advice - appreciated.

        I believe one of my neighbours approached them several years ago and they asked for around £14,000 !!

        As I understand it, if I get an independent valuation, I can challenge it though - is this correct ?
        Once you've served a statutory Notice of Claim, the Leasehold Reform Act 1967 procedures apply. You become liable for:
        a. V's legal fees/VAT/disbursements; and
        b. the cost on one only valuation by V's surveyor. If you do not agree that figure and cannot negotiate a compromise price, you can go to LVT (with your own valuer's figure and 'comparables' as evidence).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

        Latest Activity

        Collapse

        • Share of feehold/shared service charges?
          by Stu1020
          Hi there,

          I'm new to the forum and looking for advice on a sticky freehold situation.

          I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
          20-05-2022, 11:39 AM
        • Reply to Share of feehold/shared service charges?
          by Gordon999
          Since your flat has 2 bedrooms and other flats have one bedroom, you should keep the existing 38:31:31 split as fair contribution to the annual service charge account.

          For lease extension, the cost is mainly solicitors charges plus registration charge at Land Registry and Mortgage Lender.(...
          28-05-2022, 10:48 AM
        • Reply to Building works & S20 process
          by Gordon999
          The S20 consultation with leaseholders is required for any planned works which exceed £250 cost per flat.

          If any planned works are quoted below £1000, you could place the order on the supplier with lowest quote. .

          If the freeholder is self- managing the building maintenance,...
          28-05-2022, 09:56 AM
        • Building works & S20 process
          by RichA
          Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

          The block needs some maintenance...
          21-05-2022, 17:20 PM
        • Reply to Share of feehold/shared service charges?
          by sgclacy
          You appear to have bought into the flat knowing at the time your share is 38% and having owned the flat feel that this is unjust.

          Did you raise any concerns questions at the time of purchase that in a three flat split you would be paying more than 33.33% . Could it be argued that the unfairness...
          28-05-2022, 09:04 AM
        • Reply to Share of feehold/shared service charges?
          by eagle2
          The cost of extending a lease is not a service charge expense so there is no reason to allocate it on the 38/31/31 basis, your offer to split those costs equally seems to be reasonable. It is up to the freeholder to decide what is fair and reasonable for the service charges and it is up to the other...
          28-05-2022, 05:29 AM
        • Reply to Old managing agents accounts
          by eagle2
          Unless the handover took place at the end of the financial year, it is the RTM's responsibility to produce the annual accounts. You could try making a formal complaint against the agent to supply copies of all supporting documents, it should belong to a redress scheme. The difficulty is that the agent...
          28-05-2022, 05:05 AM
        • Old managing agents accounts
          by jazzythumper
          Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
          20-05-2022, 11:21 AM
        • Reply to Freehold confusion
          by CStevens
          davetg,

          The property should be registered so the land registry should hold a copy of the leases. You would need to look at the leases to see who is responsible for what but normally in a maisonette situation the freeholder would insure and maintain the structure, foundation and roof with...
          27-05-2022, 21:58 PM
        • Freehold confusion
          by davetg
          30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
          24-05-2022, 14:29 PM
        Working...
        X