Please help, let flat without permission from freehold.

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    Please help, let flat without permission from freehold.

    Please somebody help me regarding my lease stated below-

    1) Not to assign,tranfer, underlet or part with possession of part of the property.

    2)Not to assign,tranfer, underlet or part with possession of the whole of the property during last seven yeara of the term without the landlord written consent ( such consent not to be unreasonably withheld )
    3
    )within one month after its date to produce to the landlord solicitor a certified true copy of every assigment, transfer , underlease, charge or document evidening adevolution of the property paying a prop fees ( not less than 70 plus vat ) for each such registration.

    I am so stress out , please help me what i will do next, do I have inform freeholder before let or I can let without perrmission then inform them.thanks

    #2
    There are no restrictions on letting the whole property but the freeholder needs to be informed and you need to do what is mentioned in point 3 each time and pay the fee they demand.

    Comment


      #3
      Thanks for reply,
      As I already let a flat, there will problem incase they ask me why not you take permmision before you let or I can let without there permission then inform them.

      Comment


        #4
        Let them know the situation, pay the fee and they should be happy. They will have suffered no financial loss so they should have no claim against you.

        There is a very long thread on sublet fees that you may find interesting.

        Comment


          #5
          Originally posted by yvo218 View Post
          Please somebody help me regarding my lease stated below-

          1) Not to assign,tranfer, underlet or part with possession of part of the property.

          2)Not to assign,tranfer, underlet or part with possession of the whole of the property during last seven yeara of the term without the landlord written consent ( such consent not to be unreasonably withheld )
          3
          )within one month after its date to produce to the landlord solicitor a certified true copy of every assigment, transfer , underlease, charge or document evidening adevolution of the property paying a prop fees ( not less than 70 plus vat ) for each such registration.

          I am so stress out , please help me what i will do next, do I have inform freeholder before let or I can let without perrmission then inform them.thanks
          What year did your lease start ? Was it befor e the start of AST agreements ?

          Clause 1. Means you can sublet the "whole" of the flat but not "part" of the flat.

          Clause 2. Only applies in last 7 years of lease - so ignore.

          Clause 3. What is "prop fees" ?

          The word one normally finds appearing in other leases is "reasonable fee". The precise wording requires you to produce a certified copy to the " Landlord's solicitor " and pay the registration fee .

          SO DON'T PAY ANYTHING until you are sent a bill under the heading of the solicitor firms name , address and VAT registration number.

          Also demand to see a copy of the authorisation letter signed by a director of the freehod company to confirm the solicitor firm is authorised by the freehol company.

          Comment


            #6
            You are allowed to sublet the entire flat but not part of it. So if you are renting out the whole flat, then you have no issues.

            Re paying fees to the freeholder, as the above post says, wait for the freeholder or their solicitors to send you an invoice as only if you receive an invoice, can they charge you. That's my understanding anyway.

            Comment


              #7
              I have a similarly worded lease and was advised that probition of the assignment of part of the premises prevents the assignment of the whole.

              If this is correct, then you are in breach of the lease.

              Comment


                #8
                Originally posted by bandontherun
                your understanding is incorrect. the freeholder is not obligated to send you an invoice. If you want to comply with the terms of the lease send a photocopy of the completed tenancy agreement to the freeholder together with 70 pounds and ask them to send you a vat invoice if vat is applicable (not all freeholders are registered for vat) If they do send you a vat invoice or otherwise request the vat you will owe them another fourteen quid. Any trader who has charged VAT is obligated to issue a receipted VAT invoice within 29 days of payment
                The lease stipulates that the leaseholder send a copy of the lease to the LL's solicitor. The fee can be up to £70 plus VAT.

                The first step would be to ask the identity of the LL's solicitor if not known. Also ask about the fee.

                I have seen an LVT decision in regard to an alleged breach where a tenant did not send a copy of a lease to the LL's solicitor. The LVT determined there was no breach because the identity of the solicitor was not known.

                I've seen another LVT decision where they stipulated it was not enough to simply claim the identity of the solicitor was not known. That the leaseholder should have asked for the identity.

                So, if the name/address of the solicitor hasn't been supplied then ask for it. If it isn't supplied then there is a good chance the requirement is deemed to have been waived.
                I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                Comment


                  #9
                  The contractual provision can also be over-ridden if the lease specifies ( or can be interpreted as such) notice, which means it can be served on the landlord at the Section 47/48 address.
                  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


                    #10
                    I already sent a letter to managment company to find out who to send tenancy agreement with £ 100 their fees. Now only 10 days left to inform landlord solicitor I have let the flat, still waiting from managment company their responce.Thanks for everybody help.

                    Comment


                      #11
                      Erm I would suggest you look at your bill and see the section marked the landlord is and the name and address is.

                      Write to them asking who acts for who.
                      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


                        #12
                        Originally posted by yvo218 View Post
                        I already sent a letter to managment company to find out who to send tenancy agreement with £ 100 their fees. Now only 10 days left to inform landlord solicitor I have let the flat, still waiting from managment company their responce.Thanks for everybody help.
                        Their fees for what? Is the management company the Landlord's agent?

                        I wouldn't worry too much about this. The lease says you have to send a copy of the lease to the LL's solicitor. If they haven't told you or haven't answered your letter then there's not much you can do.

                        Did you keep a copy of your letter to the management company? Has the cheque been cashed?
                        I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

                        Comment


                          #13
                          Management company want fees (£100) to inform landlord.

                          Comment


                            #14
                            Check out the management company and freehold company for common directors and reg. address by searching company details at "Companies House".

                            Don't pay 100 pds to the management company unless the provision is written into your lease. Ask the management company to produce a copy of their appointment letter signed by a director of the freehold company , show what charges may be demanded under the lease from leaseholders. Tell them you want to apply to the LVT for judgement

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