Retrospective consent to sub-let

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    #16
    There are 93 years left on the Lease. However, with this management company I don't feel I want to get it extended because I probably wouldn't be able to pay what they ask.

    Yes, I will ring the Land Registry and ask them how to get a copy of the freehold title. Many thanks Gordon.

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      #17
      Have had to do Index Map search regarding the freehold title. Some parts of Devon and Cornwall did not have to compulsorily register their titles till 1984/86 so the nice man at the Land Registry told me, so since the Head lease is dated 1984 possibly it is still an unregistered title, and the new 'freeholders' used a method which did not require first registration. It is very frustrating.

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        #18
        Send an email enquiry to LR Customer enquiries to request to buy a copy of the freehold title for transfer to {Mod - Name Removed} ( Previously named {Mod - Name Removed}before 15 March 2011 ).

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          #19
          Hi Katie A, I think you and I have the same lease, have received the same letters. Been to see my solicitor this morning re this matter. If you would like to discuss this call me {Use Privete Messaging}. Peter landlord. Please have your lease to hand.

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            #20
            Apriljune, please avoid posting private information in these public forums, e.g. phone numbers or addresses, if you want to pass such details on to individuals please use Private Messaging.
            I also post as Mars_Mug when not moderating

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              #21
              Aprilinjune, I have tried to send you a private message, but am informed that I cannot do this because I haven't made enough posts, but thank you for your offer to get in touch anyway. I hope you got some useful advice from your solicitor. Maybe we can compare notes when I have the facility to send a private message.

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                #22
                Hi KatieA The following is all based on the assumption our leasess ARE the same.
                I think this thread has got a little confused between the registration fee in the lease (which only relates to when you SELL the property, .1% of notice value, which is what price the prop was last sold for)
                Compared to the registration fee for subletting in these letters from {Mod - Name Removed}, which is surely a scam because my lease makes no provision for such a charge. In fact my lease make no provision for any charge payable to anyone for consent to sublet, but does say permission to sub let is req.
                If the freeholder or {Mod - Name Removed} refuses to give retro consent to sublet after such a long time of letting (14 years in my case) then surely this basically fraud and I will have a strong case if it goes to the LVT.

                May the force be with you.

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                  #23
                  Originally posted by aprilnjune View Post
                  Hi KatieA The following is all based on the assumption our leasess ARE the same.
                  I think this thread has got a little confused between the registration fee in the lease (which only relates to when you SELL the property, .1% of notice value, which is what price the prop was last sold for)
                  Compared to the registration fee for subletting in these letters from {Mod - Name Removed}, which is surely a scam because my lease makes no provision for such a charge. In fact my lease make no provision for any charge payable to anyone for consent to sublet, but does say permission to sub let is req.
                  If the freeholder or {Mod - Name Removed} refuses to give retro consent to sublet after such a long time of letting (14 years in my case) then surely this basically fraud and I will have a strong case if it goes to the LVT.

                  May the force be with you.
                  Many thanks for this info Aprilnjune. Sounds promising, and it does sound as though we have the same Lease, because that is what mine says also. ... and with you

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                    #24
                    You can report suspected fraud to

                    http://www.homeoffice.gov.uk/agencie...ic-bodies/nfa/

                    Send a copy of {Mod - Name Removed} excessive demand with a copy of the S19 of the 1927Act and ask for their investigation.

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                      #25
                      Originally posted by Katie A View Post
                      There are 93 years left on the Lease. However, with this management company I don't feel I want to get it extended because I probably wouldn't be able to pay what they ask.

                      Yes, I will ring the Land Registry and ask them how to get a copy of the freehold title. Many thanks Gordon.
                      You need to extend to protect the value your investment and you must do it before the lease falls below 80 years . This applies to every leaseholder in England & Wales.

                      It may cost you about 2% of the current market value but its really better to do a collective purchase of the freehold with other flat owners.

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                        #26
                        I have been advised that as {Mod - Name Removed} have accepted rent since they knew I was subletting, they cannot withhold consent to sublet as they have implicitly shown that they know and they are still accepting rent from me.

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                          #27
                          Originally posted by Katie A View Post
                          I have been advised that as {Mod - Name Removed} have accepted rent since they knew I was subletting, they cannot withhold consent to sublet as they have implicitly shown that they know and they are still accepting rent from me.
                          It is what is known as a once and for all breach if you can prove that they had knowledge of the breach prior to demanding or accepting rent or any other act that a court would deem as the landlords intention that the lease be continued.

                          If as you say it has been the same tenant since 1993 I think that you can prove that without doubt.

                          You still will have to pay the notification fee, but if you had notified the then landlord, and the tenant has not changed, then how can they prove you did not notify them. Do you need to keep records for 18 years- no.

                          I am sure that if you think about it, you might remember that you did. .........
                          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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                            #28
                            Nearly 18 months on from this last response I have just joined this forum because of problems I have been having with {Mod - Name Removed}.

                            I came across your post and it seems identical to what I am going through.

                            {Mod - Name Removed} are trying to justify there exorbitant fee in relation to a court case they had in London recently - however my argument is two fold - (1) that the cost of the property in London is considerably higher than mine - probably 400% higher and (2) Only ground rent of £40 p.a is payable to them yet they want to charge nearly 6 times higher for a fee to record a sub tenants information.

                            What I find disturbing is reading the Title Deeds obtained from the Land Registry there is a named company at a PO Box who we have to serve notice on for sub letting etc. This address and company no longer exist.

                            A variation of the Company now resides at the same address as {Mod - Name Removed}. As does the Registered Owner (according to paperwork from {Mod - Name Removed}), we have no official paperwork and nothing at the Land Registry of this change of ownership.

                            Has the Registered Owner and {Mod - Name Removed} broken any laws by not notifying the Land Registry of the amended details ?

                            Hopefully someone can answer this, and perhaps Katie could update information as to her situation.

                            Comment


                              #29
                              Originally posted by BlueMystery View Post

                              LL/Agent are trying to justify there exorbitant fee in relation to a court case they had in London recently - however my argument is two fold - (1) that the cost of the property in London is considerably higher than mine - probably 400% higher and (2) Only ground rent of £40 p.a is payable to them yet they want to charge nearly 6 times higher for a fee to record a sub tenants information.
                              That is I am afraid irrelevant, fees are based on time and work involved which is the same wherever the property is , though there might be some minor regional variation in the overheads of a company. Note that in the past your £95 fee was £200 to £300 prior to recent decisions!

                              Originally posted by BlueMystery View Post
                              What I find disturbing ..................details ?
                              You can ask HMLR if there are any pending registrations.

                              In dealing with the fee itself you might make direct contact with the correspondent and state that according to the land registry their clients the company you referred to, are not the registered owner of the freehold title and therefore what is their authority for acting on behalf a company who is not the registered owner.

                              The company you have named do not have a PO box.......and the only exact match at companies house is non trading.
                              Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                              Comment

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