Service charge arrears and subletting

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

    Service charge arrears and subletting

    Is there any way of preventing long leaseholders who are in arrears with their service charges from subletting their flats ?

    #2
    Depends whether you need your FH's consent to sublet. They might reasonably withhold that consent if you are in arrears.

    Read your lease about subletting and see what consents (if any) are required.

    Comment


      #3
      To expand:
      A lease might restrict sub-lettings in one of three ways (below). If it doesn't, L can't.

      1. "Not to sublet".
      2. "Not to sublet without L's consent"
      3. "Not to sublet without L's consent (such consent not to be unreasonably withheld or delayed)".

      1 is absolute. L has total freedom to enforce or waive as it wants.
      2 is qualified. LTA 1927 s.19 may turn it into 3 by operation of law.
      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

      • Reply to AGM cancelled.
        by Andrea Cunningham
        Call an EGM. Make sure you give proper notice and that it is legal (download a boilerplate notice off the internet). In that EGM you can vote new directors in, or even vote the old directors out.
        26-01-2022, 07:14 AM
      • AGM cancelled.
        by Grumio
        Is this legal?

        A bit of background, we currently have three directors, we are allowed to have up to a maximum of eight directors according to the articles of association. We are all leaseholders. Last summer the three directors decided to hire a managing agent who is now in charge of the...
        26-01-2022, 00:46 AM
      • Lease extension triggers doubling ground rent change
        by SouthernDave
        Has anyone had dealing with doubling ground rents?
        i have just asked for a quote for a lease extension and they are proposing new ground rent terms of a doubling ground rent every 25 years. My commercial guy has said some lenders don't like these which may reduce the value of the property of i...
        25-01-2022, 22:53 PM
      • Reply to What can I do about my right of way.
        by Trevor62



        This is the ROW as it is in the land registry.


        Can I ask another question?

        As you can read it says Boundary determined by edge of pavings. Before the other party moved out they built a fence along the boundary though they build it on my side of the...
        25-01-2022, 20:58 PM
      • What can I do about my right of way.
        by Trevor62
        I live in the upper flat of a maisonette, I have a right of way that goes around the back of the building from the side entrance, there are only two flats in the building.

        Anyway for years there has been a gate with a lock to go through the right of way, now for the past year the flat has...
        23-01-2022, 23:01 PM
      • Reply to Enfranchising from a company I'm already a member of.
        by Andrea Cunningham
        As I said right at the beginning, there are some very sound reasons to do this which I wasn't going to go into. Suffice it to say that the current situation is one where the building I live in suffers under the tyranny of the majority of the larger building. So what is being sought is genuine control...
        25-01-2022, 20:24 PM
      • Enfranchising from a company I'm already a member of.
        by Andrea Cunningham
        The estate I live on has 2 blocks. All the leaseholders are members of the company which owns the freehold and manages the block ("Share of freehold").

        Suppose one of the 2 blocks decides to go it alone - so in other words gain the freehold from a company they are already a member...
        04-10-2021, 12:07 PM
      • Reply to Enfranchising from a company I'm already a member of.
        by Andrea Cunningham
        There is already no ground rent collected - so as I understand it the value of the freehold might be quite low anyway.

        If this is all done by negotiation then it is a moot point regardless, and it brings me back to what I was actually asking about, which is how to fairly and equitably split...
        25-01-2022, 20:10 PM
      • Reply to Enfranchising from a company I'm already a member of.
        by Macromia
        That potentially raises an interesting question about what happens to any money that needs to be paid for the enfranchisement.
        At the moment payment is handed over, all those in the block being enfranchised would presumably cease to be members of the company - so wouldn't be entitled to any share...
        25-01-2022, 19:40 PM
      • Reply to Enfranchising from a company I'm already a member of.
        by Macromia
        That may not be your intention, but it definitely seems like you haven't given proper consideration to what enfranchisement would involve.

        What do the leases specifically say about what is included within service charge/maintenance costs and how service charge costs are to be split?...
        25-01-2022, 19:25 PM
      Working...
      X