Freeholder attempting to impose sub-letting conditions agains the lease

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Freeholder attempting to impose sub-letting conditions agains the lease

    Hi, first time posting so go easy on me Lease wording will appear at the end.

    For 15 years I've owned a leasehold property but a few years ago the freehold was sold to what seems a very aggressive freeholder who regularly seem to be hitting the news for dubious practice. They have recently started demanding a sub-letting fee. The initial letter stated that it was £120. However my lease clearly states that it is £50+VAT. After numerous emails including seeing my MP they agreed a 'goodwill' amount equal to my lease. I paid the amount but rejected the 'goodwill' element and asserted it was to comply with my lease only.

    A year later and my tenant has changed and the Freeholder needs to update their records. I've paid for the new tenancy agreement to be lodged with them but this time they have sent me a 'Sub-Letting Licence' with an expiry date of 12 months. My lease does not state I need consent, or a licence, just that all documents should be registered. In reality the turn over of tenants means I probably need to do it every year but not always. I'm also concerned that they are trying to set a precedent.

    Should I attempt to bat back the 'licence' and assert my lease term only or just ignore it and if my tenant remains after expiry of this spurious licence, inform them then that I do not need to renew?

    "Within 28 days of any assignment charge underlease or sub-underlease or any transmission or other devolution relating to the Premises to produce for registration with the Landlords solicitors and separately the Management Company such deed or document or a certified copy of it and to pay the Landlords solicitors a fee of £50+VAT for the registration of every such document"

    Many thanks


    #2
    IMO Freeholder can require you (Leaseholder) to pay any legit fees stipulated in the Lease or seek it's surrender without compensation.

    Comment


      #3
      Originally posted by mariner View Post
      IMO Freeholder can require you (Leaseholder) to pay any legit fees stipulated in the Lease or seek it's surrender without compensation.
      My understanding is that the fees being demanded are not stipulated in the lease. The lease requires notification, but not a licence, but the freeholder is attempting to charge for a licence (and one that is of limited duration, so will have to be renewed.

      I hope the OP stated that the payment was for a notification fee when they made it. If not, they should probably reply stating that they appear to have made a mistake and not licence was requested or needed.

      I can imagine that there will soon be legislation to close

      Comment


        #4
        Yes that's indeed the case that there is no stipulation to have a 'licence', just to notify the freeholder. Thanks for the replies.

        Comment


          #5
          "Within 28 days of any assignment charge underlease or sub-underlease or any transmission or other devolution relating to the Premises to produce for registration with the Landlords solicitors and separately the Management Company such deed or document or a certified copy of it and to pay the Landlords solicitors a fee of £50+VAT for the registration of every such document"

          Two notices need to be served - one on the landlord (no fee payable) and one on the landlord's solcitors (a fee of a fee of £50+VAT payable).

          Comment

          Latest Activity

          Collapse

          • Reply to Reasons to Exit the Private Rental Sector.....
            by philg
            so true i agree...
            16-04-2021, 18:05 PM
          • Reasons to Exit the Private Rental Sector.....
            by Claymore
            Well this has really taken the biscuit. Almost 7 months ago I served my tenants with 6 months notice. Notice expired end of March and they are still in the house. I arranged a video call to get an update on their situation and well, 4 hours later I am still in shock!

            Here's the...
            14-04-2021, 00:13 AM
          • Reply to Estate Agent fees
            by philg
            very reasonable , some pay a lot more than this . i am just about to rent out a house , let only . i will be paying 75% of first months rent plus inventory fee to the estate agent...
            16-04-2021, 18:01 PM
          • Estate Agent fees
            by Affinity
            Hi.
            I need to find a new tenant for my one bedroom flat. As I have a new job and have little time to find tenants etc I have approached an estate agent.
            Does it sound reasonable to you getting charged 9 per cent +vat monthly for the management of the property (which also includes fee...
            15-04-2021, 21:39 PM
          • Reply to New House Is Filthy and Scruffy
            by philg
            so you signed the tenancy and then received the inventory which i take it you have not signed ? I would think they are jointly liable as they ahve not done what they have said and you are unhappy with it. it is not your responsibility , they should make it a nice place which is habitable . last year...
            16-04-2021, 17:55 PM
          • New House Is Filthy and Scruffy
            by emkat11
            Hi, I’m a new tenant and was just looking on some perspective.

            I signed for a property via a Lettings agent recently, I was told upon signing the inventory showed some cleaning discrepancies however I don’t mind cleaning so was happy to proceed. I’d had a viewing and was told everywhere...
            16-04-2021, 17:46 PM
          • Reply to Sink blocked for almost 3 weeks
            by philg
            not too long ago i had a bath that would not empty , tried the usual sink unblockers to no avail. had to take all the drainage apart and clean it out ... it was old grouting that had blocked it and only physically cleaning it did the job . the op is quite right to inform the landlord and lets hope they...
            16-04-2021, 17:40 PM
          • Sink blocked for almost 3 weeks
            by sushi
            My kitchen sink has been blocked for almost 3 weeks.

            The landlord/agent has been dragging his feet getting a plumber out and when someone did come, they confirmed my suspicions that it's something more just needing to pour some unblocker down (this is why I haven't called someone out myself...
            13-04-2021, 18:06 PM
          • Reply to Options if eviction ban is not lifted
            by nukecad
            Thanks jpkeates,

            I was't sure at all how already having an existing PO and trying to start a new eviction process would work.
            But suspected that it wouldn't work. or would cause problems.
            16-04-2021, 17:24 PM
          • Options if eviction ban is not lifted
            by Perce
            Hello All

            I am waiting for an eviction ban to be lifted but as time goes I lose hope that it will happen in the near future or ever. What then are our options to get our property back if the tenant never moves out ? My tenant won’t move out until bailiffs evict him. I have PO based...
            16-04-2021, 10:07 AM
          Working...
          X