Announcement

Collapse
No announcement yet.

User Profile

Collapse

Profile Sidebar

Collapse
Avatar
sid1956
Member
Last Activity: 12-07-2020, 21:57 PM
Joined: 28-06-2020
Location:
  •  
  • Filter
  • Time
  • Show
  • Source
Clear All
new posts

  • sid1956
    replied to I've breached my lease
    First of all, you should not be stating or implying to anyone, least of all your landlord, that you have breached the lease. An admission of a breach saves the landlord the trouble of having to determine that a breach has occurred and has no benefit whatsoever to you.

    From your description...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to I've breached my lease
    I doubt that the Housing Association would be concerned about the changes you have made.
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to I've breached my lease
    First of all don't over worry about it. Don't give up your sale for this unless you want to. Everything depends on the wording of your Lease. Please send the relevant clause. Nothing you have mentioned automatically needs Landlord permission. Structural / non-structural is usually not the germane...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    It's clearly easier to argue that a simple registration charge is too high, than a variable admin charge.
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    Do you think there is any mileage in distinguishing a "registration fee" from a "variable administration charge". The Lease provides for a registration fee (£45 or higher) - the amount is disputed. Landlord is claiming that the inflated charge is a "registration fee"...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    But won't Landlords quote it and future Tribunals use it as precedent? In other words isn't it the default position now until challenged again by a higher court?...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    Thanks Gordon - technically you are right although Underlease and Sub-Lease are apparently synonymous. It seems clear that in the lease "underlet" means "sublet". I wouldn't want to have to argue against this interpretation at Tribunal.

    The £50 registration fee is in...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    Thanks Lawcruncher. What do you think of the Freehold Managers Nominees Ltd. and Piatti (2012) Appeal?. This seems to have ruled that a "variable administration charge" can be made by the Landlord even if not provided for in the Lease, as long as it is based on reasonable costs incurred. The...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    From the Lease:

    Tenant covenants:

    Not to transfer assign or underlet the Property as a whole:-
    without the prior written consent of the Landlord such consent not to be unreasonably withheld or delayed...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    The Lessee covenants with the Landlord

    EXECUTED COPIES. The Lessee agrees to provide a copy of the Tenancy Agreement within 7 business days of its execution date. Copies of all relevant tenancy documents and any other associated documents must be provided by the Lessee to the Landlord on...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    They also want me to sign a 4 page Sublet Agreement adding new covenants. Do I have to sign this? - it doesn't say anything about a sublet agreement in the Lease - just that permission will not be unreasonably withheld.
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    Presumably £800 is solicitor's fee for writing a letter threatening forfeit of lease. They also want me to sign an underletting agreement - mostly indemnifying them for anything the tenant does. And they want to put a term limit on the permission (6 months) - whereas the lease says notification is...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    So - can we have a second line of defense based on reasonableness of the fee. How would we approach that question?
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    This is the whole clause:
    Within one month after the date of every transfer, death, grant of probate or administration, assent transfer mortgage charge, sublease or other event or document relating to the Property to give notice thereof in writing to the Landlord and in the case of a document...
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    Section20z,

    £230 +VAT every 6 months for doing nothing is excessive in my opinion and I can't afford it. And I don't want to have to lie. I'm quite happy to honour the lease and pay a reasonable fee. According to Bank of England £45 in 2014 is worth £50.76 in 2019.
    See more | Go to post

    Leave a comment:


  • sid1956
    replied to Permission to let problems
    Thanks Lawcruncher. The lease doesn't actually specify although it's pretty clear form the context that it's payable to Landlord. I wondered if there are any Tribunal cases I could cite. I think they are expecting to get away with unreasonable charges by making lease forfeit threats for breach of lease...
    See more | Go to post

    Leave a comment:


  • sid1956
    started a topic Permission to let problems

    Permission to let problems

    Hi
    Wondered if someone could help with some advice please.

    My long leasehold flat has been rented for a few years. By oversight prior permission was not sought from freeholder in advance. The lease says that prior permission must be sought and a fee of £45 paid for each sublet....
    See more | Go to post
No activity results to display
Show More
Working...
X