Freeholder attempting to impose sub-letting conditions agains the lease

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  • Lawcruncher
    replied
    "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).

    Leave a comment:


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

    Leave a comment:


  • leaseholder64
    replied
    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

    Leave a comment:


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

    Leave a comment:


  • 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

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