Consent to Alter / Sublet - application to the LVT

[romancallie]

I approached my freeholder for consent to alter and consent to sublet. I live in a 1 bed flat, and want to convert it into a 2 bed. There is nothing in my lease saying how much these consents should cost, or what the process is to obtain them other than the consents should not be unreasonably withheld.

The freeholder is asking for 1.25k for legal fees for the consent to alter, and an additional ~1k legal fees for consent to sublet. He is asking me to pay these before he will consider responding to my request at all. I don't think these fees are reasonable at all.

I will pay these under protest to get things moving, but will apply to the LVT to get their view on what is reasonable. I've been directed to a form to fill in by LEASE (Schedule 11, for variable admin charges) and was hoping someone out there might be able to help me fill in the last few sections.

What is supposed to go into the "grounds for application" section and do I need to give any reason why i don't think the charges proposed are reasonable?

[hollyhead]

Does your lease prohibit/forbid subletting ?Or does it just state that you are allowed to rent but have to ask the freeholder for his permission?
could you please post the clauses in the lease?

[romancallie]

My lease allows for subletting but says i have to get his consent. See relevant clauses below:

Alterations clause:
"The Lessee shall not…make any alterations or additions whatsoever in or to the said flat or any building erection or any structure thereon save with the Lessors’ Consent in writing such consent not to be unreasonably withheld or delayed".

Subletting clause:
"The Lessee shall not assign or underlet charge or part with the possession of the demised premises or any part thereof without the previous consent in writing of the Lessors had and obtained such consent not to be unreasonably withheld in the case of an assignment or underletting of the whole to a respectable and responsible tenant".

[hollyhead]

I can definately say your freeholder is being greedy!
I think I saw here on the forum that the LVT made a judgement on such a case and decided that 70 pounds was fair.But as your lease does not state the fee to be paid i'm not sure that you have to pay anything at all,hang around and somebody with the right answer should be along soon.
Just a thought,your freeholder cannot give general consent to you renting,he will require the proposed tenant's details and references(to check if the tenant is a respectable and responsible tenant) so don't bother wasting your time or his to ask for general consent,just wait until you have got a tenant lined up.

In regards to the alterations what exactly do you want to do? Just add stud walls?Does it require knocking down any load bearing walls? I think it really depends on the work you are proposing.

[romancallie]

Yeah, feels a bit cheeky. I'm so frustrated. I'm not moving any walls at all simply relocating the kitchen into the living room - all of the works are non-structural.

[Gordon999]

You should look at another current topic thread on "Freeholders consent and fee to sublet" and in particular post #421 onwards about consent under the 1927 Landlord & Tenant Act