Freeholder Charges.

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    Freeholder Charges.

    I am a freeholder.

    What is a reasonable charge for registration of Notices of Assignment?

    Is it reasonable to charge for providing written permissions required under the lease such as permission to let / keep animals? What is reasonable?

    Thanks.
    Assume I know nothing.

    #2
    Originally posted by Brixtonia View Post
    I am a freeholder.

    What is a reasonable charge for registration of Notices of Assignment?

    Is it reasonable to charge for providing written permissions required under the lease such as permission to let / keep animals? What is reasonable?

    Thanks.
    You should only really recover the actual cost that you have incurred. I had a LVT case recently where the freeholder charged £75 and then £130 for writing a simple letter to me, the LVT decided that £25 was a reasonable for the time it took to write a letter.

    Andy
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #3
      Originally posted by Brixtonia View Post
      I am a freeholder.

      What is a reasonable charge for registration of Notices of Assignment?
      Originally posted by andydd View Post
      You should only really recover the actual cost that you have incurred. I had a LVT case recently where the freeholder charged £75 and then £130 for writing a simple letter to me, the LVT decided that £25 was a reasonable for the time it took to write a letter.
      1. As to Notice of Assignment, no L should ever demand (and no T should ever pay) anything more than what the lease states.
      2. If the stated amount is fixed (e.g. 53p), that's it- no more AT ALL!
      3. Of course, modern leases often state the fee as 'a reasonable amount at L's discretion' or something like that. Only this is a grey area.
      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


        #4
        So - if a lease simply says that a leaseholder requires written consent from the landlord to keep pets at the property and does not refer to any charges, can a fee be charged?
        Assume I know nothing.

        Comment


          #5
          If the lease states that the fee payable when serving notice of assignment or Charge is £1 then that is all you can charge. You are not normally under the terms of the lease required to receipt and return

          However if the solicitors want a receipted notice then that's is different as there are consequences in giving a receipt which could work against the landlord.

          If the fee is a reasonable fee and you are giving a receipt normally a modern fee is around the £50 mark per notice.

          A reasonable fee charged by landlords who do it for a living for giving consent for pets would be around the £50 to £100.

          Comment


            #6
            Thanks sgclacy.

            When you refer to landlords giving consent for pets, I assume that you are including freeholder/leaseholder relationships? Does the right to charge exist even if no such right is either expressly allowed or negated by the leasehold agreement?
            Assume I know nothing.

            Comment


              #7
              Originally posted by Brixtonia View Post
              So - if a lease simply says that a leaseholder requires written consent from the landlord to keep pets at the property and does not refer to any charges, can a fee be charged?
              Originally posted by Brixtonia View Post
              Thanks sgclacy.

              When you refer to landlords giving consent for pets, I assume that you are including freeholder/leaseholder relationships? Does the right to charge exist even if no such right is either expressly allowed or negated by the leasehold agreement?
              Irrelevant to question of Notice fees. Please post on another thread re pets.
              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


                #8
                Originally posted by jeffrey View Post
                Irrelevant to question of Notice fees. Please post on another thread re pets.
                A question about whether a fee can be charged by a landlord in respect of providing permissions required under a long leasehold agreement, in which no reference is made to charges for providing such notices, should be posted on the pets noticeboard because the highlighted example was pets? Are you absolutely certain?
                Assume I know nothing.

                Comment


                  #9
                  Originally posted by Brixtonia View Post
                  A question about whether a fee can be charged by a landlord in respect of providing permissions required under a long leasehold agreement, in which no reference is made to charges for providing such notices, should be posted on the pets noticeboard because the highlighted example was pets? Are you absolutely certain?
                  Look- post #1 conflates two quite separate issues:

                  Originally posted by Brixtonia View Post
                  I am a freeholder.

                  [1] What is a reasonable charge for registration of Notices of Assignment?

                  [2] Is it reasonable to charge for providing written permissions required under the lease such as permission to let / keep animals? What is reasonable?
                  So replies re item 1 have no relevance to replies re item 2.
                  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


                    #10
                    Originally posted by jeffrey View Post
                    Look- post #1 conflates two quite separate issues:


                    So replies re item 1 have no relevance to replies re item 2.
                    I'm not sure that I follow your train of thought. I do have a separate thread with a specific question about pets and it is entitled "freeholder permission to keep pets" because it is specifically about that.

                    Question 2 "Is it reasonable to charge for providing written permissions required under the lease, such as permission to let / keep animals?" is intended to seek information about a freeholders right under a long leasehold agreement to make charges for providing permissions in general (such as but not limited to permissions to let or for keeping pets). The thread is therefore entitled "Freeholder Charges".

                    I have considered what you said but still think that "freeholder charges" is a fair title for the thread and that to turn the question into one about specifically about pets would be both inaccurate and misleading. Nevertheless, I would be very grateful to hear your thoughts on the subject of the right of freeholders to charge for issuing permissions required by a long leasehold agreement. Such as a right to sublet. Or a right to keep pets.
                    Assume I know nothing.

                    Comment


                      #11
                      OK. If the lease prohibits something, T has no right to do it unless:
                      a. statute law intervenes (e.g. re consent to assign/alter/change use), in which case the statute determines whether/what L can charge; or
                      b. L agrees, entirely at discretion and on payment of whatever L wants.
                      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


                        #12
                        Thanks Jeffrey.
                        Assume I know nothing.

                        Comment

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