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    • SonnyH
    • By SonnyH 14th Jun 17, 9:43 AM
    • 8Posts
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    SonnyH
    Subletting Fees, and information required by freeholder
    • #1
    • 14th Jun 17, 9:43 AM
    Subletting Fees, and information required by freeholder 14th Jun 17 at 9:43 AM
    Hi,

    I have been asked to pay fees for renting my flat (over £200). I have paid this, though may dispute it through first tier tribunal (does anyone have experience of whether this is worth the effort?).

    The freeholder also wants my tenants name and the start date of the tenancy (I suspect this is so they can try and charge me annually). Is this a reasonable request? It does not mention this anywhere in the lease, only that consent cannot be unreasonably withheld. I am concerned that if I pass names to the freeholder, I am technically in breach of the data protection act.

    Thanks in advance.
Page 1
    • G_M
    • By G_M 14th Jun 17, 12:30 PM
    • 40,151 Posts
    • 45,854 Thanks
    G_M
    • #2
    • 14th Jun 17, 12:30 PM
    • #2
    • 14th Jun 17, 12:30 PM
    I think you are right about data protection.

    Send them a copy of the tenancy agreement (so thay can see it is an AST, not some other form of tenancy or lease) but with the dates, names and other variables retracted.

    Just my suggestion, but I've no direct experience of letting leasehold properties or dealing with freeholders on this.


    See www.lease-advice.org

    http://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61
    Last edited by G_M; 14-06-2017 at 12:34 PM.
    • eddddy
    • By eddddy 14th Jun 17, 6:12 PM
    • 4,826 Posts
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    eddddy
    • #3
    • 14th Jun 17, 6:12 PM
    • #3
    • 14th Jun 17, 6:12 PM
    The freeholder also wants my tenants name and the start date of the tenancy (I suspect this is so they can try and charge me annually). Is this a reasonable request? It does not mention this anywhere in the lease, only that consent cannot be unreasonably withheld. I am concerned that if I pass names to the freeholder, I am technically in breach of the data protection act.
    Originally posted by SonnyH
    In general, you should check the terms of the lease, and make sure that anything relevant is reflected in the AST.

    e.g. If the lease requires you to give a tenant's name and start date to the freeholder, you make it a condition in the AST that the tenant agrees to this.


    But since it doesn't specifically say that in your lease, you have to decide whether your freeholder's requirement is 'reasonable'.

    As a starting point, you could ask the freeholder why they need a name and start date - that may help you decide whether the request is 'reasonable'.
    • G_M
    • By G_M 14th Jun 17, 7:16 PM
    • 40,151 Posts
    • 45,854 Thanks
    G_M
    • #4
    • 14th Jun 17, 7:16 PM
    • #4
    • 14th Jun 17, 7:16 PM
    In general, you should check the terms of the lease, and make sure that anything relevant is reflected in the AST.
    Originally posted by eddddy
    That is a good (if separate) issue. Many leases include terms which apply eg (top of head)
    * not to hang washing outside
    * no pets
    * no noise after 10.pm
    * etc

    Since you, as leaseholder, are bound by the terms you need to bind your tenant to the same terms in your tenancy agreement.

    Insurance too - if your insurance policy has conditions (eg not to leave the property unoccupied for more than 30, 45 etc days, this needs to go into the TA or your insurance could be invalid.

    Sorry - back on topic now folks!
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