Long Leasehold Questions

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Started by leaseholdanswers, 29-05-2014, 08:36 AM
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Started by warwick65, 30-06-2020, 10:19 AM
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Started by joht, 30-06-2020, 08:45 AM
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Started by warwick65, 30-06-2020, 13:18 PM
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Started by Gurd, 28-06-2020, 11:45 AM
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  • Unauthorised lease variation
    by Stacker
    Lease requires all leaseholders to pay lessor service charges for insurance so sneaky managing agent tried to get leaseholders to pay broker directly which is an unusual arrangement where its not landlord and tenant and insurance is not paid via service charges to lessor.Could this be classed as an...
    13-07-2020, 23:14 PM
  • Reply to Unauthorised lease variation
    by Stacker
    This is interesting and relevant....The Green v 180 Archway Road case reached the conclusion that the insurance costs were not payable in that case not because there was a likelihood that the building wasn't properly insured (it probably was insured against all likely risks) but because the insurance...
    15-07-2020, 18:18 PM
  • Reply to Unauthorised lease variation
    by Stacker
    Macromia whilst I am sure you are trying to help you fully do not understand the situation so you cant really make such sweeping generalized statements.
    I understand that the lease is a legal contract between the landlord and the leaseholders. Its pretty clear what the leaseholders should be doing....
    15-07-2020, 18:01 PM
  • Reply to License to Alter Premium Query
    by jazzythumper
    Thanks for all your help LC



    I spoke to The Leasehold Advisory Service, and have come to the conclusion that we should try and propose / negotiate the following.

    We note that the you are trying to charge us £15k for the premium to build an extension to our property....
    15-07-2020, 16:49 PM
  • License to Alter Premium Query
    by jazzythumper
    We previously extended our leasehold flat with a kitchen extension and separate summerhouse, we had the amount that this would increase the value of our flat valued by a chartered surveyor and paid a premium that was approximately 1/3 of the value for the license to alter to be granted.

    ...
    09-07-2020, 11:26 AM
  • Reply to License to Alter Premium Query
    by jazzythumper
    The £15k is the total uplift in value, not profit....
    15-07-2020, 15:39 PM
  • Reply to License to Alter Premium Query
    by Lawcruncher
    You are in the classic situation of someone who has rights which can only be enforced by action which risks legal costs wholly disproportionate to any benefit which may be obtained.

    I think the first step is to put the landlord right on the law quoting section 19(2) of the Landlord and...
    15-07-2020, 11:18 AM
  • Reply to License to Alter Premium Query
    by Lawcruncher
    There are two possibilities:

    1. The lease has an absolute prohibition on making the alterations the leaseholder wants to carry out. If that is the case there is no obligation on the landlord to give consent. He can demand whatever premium he wants and the leaseholder either accepts or he...
    15-07-2020, 10:56 AM
  • Reply to License to Alter Premium Query
    by Section20z
    Just do it, let them try and sue you.
    15-07-2020, 07:29 AM
  • Reply to License to Alter Premium Query
    by trespas
    The £15k you mentioned above - is that the ‘profit’ from doing the works, or the total uplift in value? I.e. is it that your extension costs are, for example, £10k, and the total estimated increase in property value is £25k, and it’s the profit on which that they’re demanding the premium?...
    15-07-2020, 06:52 AM
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