Notice to Underlet - Renewal of tenancy charge

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  • Notice to Underlet - Renewal of tenancy charge

    Hi All

    I am looking for a bit of advice, we have been letting our flat out for the past 6 months and the beginning of the 6 months tenancy I paid the management company (S*****) £120 for notice to underlet.

    Now the 6 months tenancy is up they are asking for £72 to renew the notice to underlet (if it is the same tenant, another £120 if it's a new tenant)

    We are keeping the same tenant however do I need to pay the fee? If not on what grounds? Also, the tenant is going onto a rolling contract so how will the management company deal with that (hopefully not charge me £72 a month!)

    Thank you for taking the time to read this & thanks in advance for any advice.

  • #2
    Point out to S***** that they already lost the argument over fees for renewal of notice when I took them to the LVT back in 2008:

    http://www.residential-property.judi...y/10001AMR.pdf

    Comment


    • #3
      It is common knowledge on here ( for most ) that if you keep the same
      sub-tenant, no further fees are payable.
      You have already notified of your sub-let, which is a continuous
      sub-let, and state that if the sub-tenant changes, you will of
      course notify them, and pay the £ 120.

      And of course add the above case number if they start harrassing
      you again.

      Comment


      • #4
        msed12,

        What does the wording in your lease say about subletting. Some leases may not require LL consent and just requires serving notice of letting on the Management Company ( company owned by the leaseholders).

        Does the wording in lease say you covenant to pay the Lessor "120 pds" for serving notice to underlet ?

        You are only required to pay the sum stated in the lease not the amount demanded by a managing agent if different to the lease. Here is a LVT judgement on subletting fee determined at 40 pds :

        http://www.residential-property.judi...2_17_16_22.pdf

        So demand a refund of 80 pds from the managing agent or from the freeholder company.

        Comment


        • #5
          I will dig my lease out this evening and have another read. I did read it initially when they asked for the £120 however I didn't find anything that suggested any fee, I didn't want to get myself into any trouble at the time so just paid it!

          Thanks

          Comment


          • #6
            I have dug out my lease & the only part I can find that says anything about subletting is the bottom paragraph.

            Is this it?



            If so it says I have to pay a reasonable fee? Is that correct?

            Thanks & I am sorry if I am asking silly questions!

            Comment


            • #7
              A reasonable fee to the landlord's solicitor not the managing agent. Contact the MA and ask for the LL's solcitor's details and your money to be returned as they are not entitled to it .

              Comment


              • #8
                Originally posted by MCPH View Post
                A reasonable fee to the landlord's solicitor not the managing agent.
                Contact the MA and ask for the LL's solcitor's details and your money
                to be returned as they are not entitled to it .
                Our lease says the same, but we don't have a company solicitor,
                as we work without one for such mundane tasks as receiving
                a copy of the A.S.T. and checking it includes reference to the
                head lease. that to engage one just for one sub-let would
                push up the price.
                And the solicitor does not keep the information given, to himself,
                he has to pass it on to the managing agent or management
                company or the freeholder.
                So we get that information sent direct to us, the Company.

                We say, £ 30 if you give it straight to us, or £70 if you want us to
                employ a Solicitor, as per the lease, on a one time basis only, for
                which the charge is £ 70. Let us know which option your prefer.

                Comment


                • #9
                  Originally posted by ram View Post
                  Our lease says the same, but we don't have a company solicitor,
                  as we work without one for such mundane tasks as receiving
                  a copy of the A.S.T. and checking it includes reference to the
                  head lease. that to engage one just for one sub-let would
                  push up the price.
                  And the solicitor does not keep the information given, to himself,
                  he has to pass it on to the managing agent or management
                  company or the freeholder.
                  So we get that information sent direct to us, the Company.

                  We say, £ 30 if you give it straight to us, or £70 if you want us to
                  employ a Solicitor, as per the lease, on a one time basis only, for
                  which the charge is £ 70. Let us know which option your prefer.
                  ^ Is that what your reply to the management company is?

                  I will be sending an email to them later

                  Thanks

                  Comment


                  • #10
                    Originally posted by msed12 View Post
                    ^ Is that what your reply to the management company is?
                    No it is not.
                    The Managing Agent needs to spend time on sub-letting, hence
                    a charge to you.

                    My reply was just to show we don't have need to have in reserve,
                    a solicitor, and an explanation as to how I overcome the part in the
                    lease that says pay £ 3 14s (Three pounds 14 shillings ) to the firms
                    solicitor, cos we dont have one.

                    Your answer is explained via the other posts

                    Read posts 2, 3 and 4 and write your letter based on those.
                    Keep it short and to the point, no going off at a tangent

                    R.a.M.

                    Comment


                    • #11
                      While arguably the contractual tenancy ended and a new statutory one started, it is the same underlet, and as it is open ended severable on two months notice, the reply to the agent is simply that this is simply a statutory continuation of the tenancy. When either decides to terminate that arrangement, in due course, for any new underletting, notice will be given notice.
                      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
                        msed12

                        Take a look at the thread I started on exactly this topic, entitled "Repeat fees for notice of underletting". My agent is undoubtedly the same as yours, and after writing to them in December along the lines suggested in that thread and by LHA in post #11 above, we have heard nothing from them since. Probably tempting fortune to say the issue has gone away, but confidence grows each day!

                        Comment


                        • #13
                          I just wanted to reply to this thread to say a huge thanks to everyone.

                          I replied along the lines suggested & have heard nothing back as of yet.

                          Thank you once again.

                          Comment

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