Lease Extension: Are landlord / freeholder's costs quoted fair?

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    Lease Extension: Are landlord / freeholder's costs quoted fair?

    1. I am planning to formally request that the freeholder to my flat to grant a lease extension on my 1-bed flat in Oxfordshire, 72.8 years left on lease, rising ground rent every 33 years, worth about £145k with long lease. I have owned this flat for 5 years.

    2. The landlord / freeholder has quoted the following costs to me (casually, this was when I enquired myself not through a solicitor or surveyor) - I realise I am liable for the landlord's reasonable legal expenses and surveyor expenses but I am puzzled at the two costs for the surveying and that that they are mentioning disbursements as I thought that I would be paying HM Land Registry titles to lease and freehold, registration of the lease through my activites with my own solicitor? Could there some sort of duplication here or would the freeholder have to mirror my activities hence the double valuation?

    I am arranging to have my own valuation done. I have not accepted to pay these costs.

    3. The breakdown that the landlord / freeholder is requesting is:
    • Valuation surveyors' fee: £950 + VAT and disbursements i.e. the cost of any land registry searches etc.
    • Freeholder's legal fee £1500 + VAT
    • Freeholder's management surveyor's fee: £750 + VAT


    4. They also state that "should the transaction become more protracted and the matter proceeds to LVT this would be reflected in the costs" - it's my understanding that if it goes to LVT then the costs incurred by going to the LVT and the additional work surrounding this are assigned to the seperate parties i.e. if it goes to LVT I pay for my costs of the surveyor and solicitor attending etc. but am not liable for their costs to be there. Am I correct?

    If any one can explain this to me I would be very grateful,

    #2
    The costs quoted are obscene and looks like trouble ahead. Proceed with caution and instruct professionals

    Comment


      #3
      I suggest that you slap in a section 42 Notice to extend your lease. The costs quoted are horrendous, at least 40-50% of what they should be.

      As you state. each party is responsible for the costs incurred to take the matter to LVT. If you are not happy with the costs of the freeholder then these can be determined by the LVT.

      Good luck.
      Kikuyu

      Comment


        #4
        Wow! I thought they were a bit high. The Freeholder is Midcounties Cooperative - so much for ethical business!

        Many thanks for your input sgclacy and kikuyu.

        Just to close this out: all three items they've listed in the quote are payable by me (the leaseholder) ordinarily - there's no duplication?

        Thanks again,

        Comment


          #5
          Originally posted by kikuyu View Post
          I suggest that you slap in a section 42 Notice to extend your lease. The costs quoted are horrendous, at least 40-50% of what they should be.

          As you state. each party is responsible for the costs incurred to take the matter to LVT. If you are not happy with the costs of the freeholder then these can be determined by the LVT.

          Good luck.
          I agree- but
          The costs quoted are horrendous, at least 40-50% of what they should be
          means
          'The costs quoted are horrendous; they should be no more than 40-50% of what is quoted.'
          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


            #6
            May I hijack this thread to ask a similar question.

            I am extending my lease via section 42 notice. The premium price hasnt yet been agreed, the end of 6 month period is very close. I might apply to FTT because the landlord wont negotiate a fair price.

            I know I am liable for my landlords legal costs for the lease extension, and I want to know in advance how much they will amount to (because I might contest them at the tribunal if they are unfair, as well as contesting the premium).

            Can I simply ask my solicitor to contact the landlords solicitor to ask for the estimated legal costs at completion?

            Comment


              #7
              Are you able to wait ? . the Government Minister announced on 21 Dec 2017 intention to simplify the procedures :


              Communities Secretary, Sajid Javid said:
              “It’s unacceptable for home buyers to be exploited through unnecessary leaseholds, unjustifiable charges and onerous ground rent terms.

              “It’s clear from the overwhelming response from the public that real action is needed to end these feudal practices. That’s why the measures this Government is now putting in place will help create a system that actually works for consumers.”
              Measures to be introduced include:

              • Legislating to prevent the sale of new build leasehold houses except where necessary such as shared ownership;

              • Making certain that ground rents on new long leases – for both houses and flats – are set at zero;

              • Working with the Law Commission to support existing leaseholders and make the process of purchasing a freehold or extending a lease much easier, faster and cheaper;

              • Providing leaseholders with clear support on the various routes to redress available to them;

              • A wider internal review of the support and advice to leaseholders to make sure it is fit for purpose in this new legislative and regulatory environment; and

              • Making sure freeholders have equivalent rights to leaseholders to challenge unfair service charges.

              These latest measures follow the Government setting out plans in the Housing White Paper to fix the broken housing market, including making sure councils release more land for housing, building the right homes in the right places and improving affordability and protections for renters and home purchasers.
              ENDS

              Comment


                #8
                Looks interesting. I cant wait though, I'm already in the extension process.

                Comment

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