Repeat fees for notice of underletting

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  • #61
    Sorry if I am being a pain. I am so green on this and the lawyers blind me with their demands - which is probably their intention...

    Consent is definitely not needed. The fee required is for registration of notice of each sublet.
    2 charges have been automatically applied retrospectively for previous years. - No notice had ever been given by me that I have not already paid a fee for and they are relying (I guess on their own assumption) that 2 other notices SHOULD have been given. They have no evidence of anything!

    I have put to them that no fees are payable for actions that never happened but they just keep banging on about Superstrike and statutory periodics (based on their assumptions) and I have, possibly unnecessarily been drawn into arguing about that too.

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    • #62
      OK. Thank you

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      • #63
        Well as I have maintained the ast ends and an spt begins which is in law a new tenancy however they have deferred in the past. That means if they are taking hard line then it is merely a further notice when the spt begins and that it until there is new letting. Thats why it is better, unless the lease trips you up, to grant a longer AST with a break clause.
        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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        • #64
          I think the landlord's legal team may have passed my case back to the management company accounts dept because last week I received an overdue statement from them.
          I telephoned accounts, told them I had been corresponding with legal for months with explanations as to why I did not owe these fees but had got nowhere. I then asked accounts to therefore explain exactly why they thought I DID owe the fees. They couldn't do so and so at last reversed the charges. So hurrah to that and thanks everyone for your help and advice!
          They will be billing me again shortly when my current ast rolls over to an spt which I guess I will be paying...

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          • #65
            No thats likely a standard arrears letter/statement run- don't leave it at that write in asking them to explain where they think that the fees are due and refer to the call. that way if they ever press the matter a bundle of unanswered (pertinent) letters speaks volumes. And in the era of costs for the leaseholder a good basis for asking for a cheque
            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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            • #66
              Sorry LA, not sure what you mean. My account is now clear as they credited the automatic fees of £130 from previously. I never did pay it and now they agree I don't have to.

              They are now going to charge me a new £65 for the current AST that has just rolled into an SPT which you advised is legally a new subletting so I am assuming that I should pay that one.

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              • #67
                Ok I thought that your earlier post indicated that you owed them more than the current fee, which you did say was £120 and are now saying is £65 that you will have to pay.

                Amusingly after I first posted that answer some time ago about SPT and how to argue the higher fee of £120 they started offering a lower fee, £65, in these SPT cases.

                We know that they are watching.....
                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


                • #68
                  No it was originally 2 x £65 that were automatically applied that they say related to 2011/12 and 2012/13 in advance. (I have since found out that they were automatically generated and didn't relate to anything that my lease provided for.) These, they cancelled but have just charged a new one of £65 relating to the AST to SPT that has just happened.

                  I believe they make these charges where they don't have any specific end dates re sublet tenants and in the hope that people will just pay annually anyway. I don't believe they take any notice of the specifics of the lease at all. And in fact once, where I gave notice for a sublet registration, they applied the payment to an automatically generated invalid charge and didn't even put the genuine charge with the correct date on my account.

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                  • #69
                    Originally posted by leaseholdanswers View Post
                    Contractual periodic would be an assured tenancy which gives more security of tenure.
                    Are you saying that a contractual periodic tenancy cannot be an assured shorthold tenancy?

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                    • #70
                      I havent looked back at that post but I recall that I was replying to his question about an alternative to the AST.
                      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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