legal issue-underlet fees

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  • legal issue-underlet fees

    I own several ex local auth flats (hammersmith &Fulham)

    Given level of recession I have chosen to let 3 of them through a housing trust
    They in turn are let to Hamm & Ful council

    Ham & Ful require me to formally register each tenancy with them-providing copy of each tenancy ....and pay a fee of £30 per tenancy

    I argue that I have only ONE tenant...housing trust . ie only one £30 fee applicable
    Each one of my tenancy agreements shows trust as lessee

    I have no knowledge of who flats are in turn rented to (by H&F) or their terms

    I am paid directly by trust each month

    What is correct position?

    Do I have to pay 3x fees ?

    Or do I in fact have only one relationship -with trust?

    All legal eagles comments appreciated
    yours sincerely

    Dr David Noble

    ps

    all other comments welcomed,but,unless you have appropriate legal training please indicate its simply an opinion
    Many thanks!

  • #2
    If there are three tenancies then three fees are payable. If the fee is fixed by the leases then that is what is payable.

    Comment


    • #3
      davidnoble: did you grant to the Housing Trust:
      a. one letting of all three flats combined; or
      b. three separate lettings (one per flat)?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        underlet and fees

        Originally posted by jeffrey View Post
        davidnoble: did you grant to the Housing Trust:
        a. one letting of all three flats combined; or
        b. three separate lettings (one per flat)?
        hello Jeffrey

        These flats all let over period of 6 months
        So, each lease granted at different times

        Leases are standard referring to trust as lessee
        each has different monthly rent (dep on size etc) this is also outlined

        No reference is made to whom flats are to be let (sublet?) or terms

        Spoken to trust who tell me they are happy to confirm details

        Ironically trust let flats to same H&F council-I do not know basis of their tenancies

        Hope this helps

        Yours Sincerely

        Dr David Noble

        Comment


        • #5
          Three lettings; so three consents (as per post #2). Sorry!
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            underlet fees

            Originally posted by jeffrey View Post
            Three lettings; so three consents (as per post #2). Sorry!
            Im sure they will reply in similar fashion-how I hate the (H&F) local authority!!

            many thanks Jeffrey!

            Dr David Noble

            Comment


            • #7
              It's not H&F's fault, is it? You knew the rules in advance!
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                underlet fees

                Originally posted by jeffrey View Post
                It's not H&F's fault, is it? You knew the rules in advance!
                On contrary I did not-which is why I asked

                Trust also were unsure

                As for H&F I have found them to be indifferent to complaint or query

                thanks for all your replies

                Dr David Noble

                Comment


                • #9
                  Originally posted by davidnoble View Post
                  On contrary I did not.
                  Hmm. You purchased the properties; you knew (or were deemed to know) what the leases contain.
                  So is H&F in fact now insisting on payment of amounts not reserved by those leases?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                  • #10
                    Originally posted by jeffrey View Post
                    Hmm. You purchased the properties; you knew (or were deemed to know) what the leases contain.
                    So is H&F in fact now insisting on payment of amounts not reserved by those leases?
                    1. It is likely that the leases do not expressly state: in the event Lessee is lessee to the Freeholder in respect of other properties, the charge by FH to L for consent to underlet shall apply once per property.

                    I agree however that the legal effect of how the lease is likely to be drafted, by extrapolation of its terms, could mean the FH is legally entitled to charge £90 in these circs.

                    2. The lease is unlikely to state £30 for consent, but instead probably reserves the right for FH to charge for reasonable costs incurred.

                    Since OP is asking for "job lot" of consents, due to economies of scale reasonable costs for x3 properties may be less than 3x £30.

                    Comment


                    • #11
                      Let OP tell us exactly what the leases prescribe in this context; neither of us yet knows.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment

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