What to Sub-let our flat but have concerns about the managment (Solitaire) company.

BexInLondon

Just wanted to echo the above - some agents are horrendous and could expose you to a lot of risk. Even if you find a good one, there's no harm (and could be a lot of good) in knowing all your legal rights and responsibilities. Make sure you're up to speed on things like: notice periods, deposit protection, health & safety...

Jungle_Jane_2

Thanks for the replies so far.

Richard_Webster wrote: »

Haven't had more detailed answer to my earlier post from OP - but if the lease allows lettings for no more than 2 years and no consent is required all this stuff about what Solitaire charge is irrelevant - they can simply be told to go jump because it is none of their business.

It is so important to see exactly what the lease says

An exact translation of the following would be appreciated:

"The Tenant further covenants with the Manager and the Landlord:-

Not at any time to assign or transfer or underlet (for a period in the case of a sublease or underletting of more than two years) or dispose of the whole of the Premises unless prior to or contemporaneously with the assignment or underletting or disposition the Tenant procures that the assignee transferee or subtenant applies to the Manager to become a member of the Manager in accordance with the requirements of the Articles of Association of the Manager"

Is it usual to write a lease totally devoid of punctuation?

ET1976

Jungle_Jane wrote: »

Is it usual to write a lease totally devoid of punctuation?

Mine is - all 35 A4 pages of it, full of 'hereinsoafter's and 'whereforeto's. It had me wondering for ages what 'roof foundations' were, until I realised there was no comma...:)

Sorry I can't actually be of any help on your question!

Richard_Webster

Legal documents rarely have punctuation. It can alter the sense.

If the clause quoted by Jungle Jane at 3.46 today is the only clause about alienation the whole of this thread has been unnecessary speculation. This is why it is so important to READ THE LEASE and not jump to conclusions about what happens in other cases etc.

Unpicked the clause means that if flat is sold or it is underlet for more than 2 years the buyer or tenant has apply to the manager (presumably the management company) to become a member of it but there is nothing there about getting any consent for letting.

However I assume that you are going to do a normal AST for 6 months and so the letting would not be for more than 2 years and therefore the words in brackets apply and the subtenant doesn't even have to become a member of the management company.

Nothing there at all about getting consent.

What I think has happened is that Solitaire have simply sent out their standard blurb without looking at the lease wording.

No consent is required if that's the only relevant clause, so it is none of Solitaire's business and you can simply tell your lender that consent is not required under the lease and ignore Solitaire.

Jungle_Jane_2

Richard_Webster wrote: »

No consent is required if that's the only relevant clause, so it is none of Solitaire's business and you can simply tell your lender that consent is not required under the lease and ignore Solitaire.

As far as I can tell that is the only relevant clause, but I may take the lease to our solicitors for a closer inspection. Hopefully we'll be able to speak to our mortgage provider too to see what they think.

Fire_Fox

I wouldn't waste money on a solicitor, I'd write to Solitaire by recorded delivery and ask which clause in your long lease they are referring to. If they want to charge an admin fee you have the legal right to ask them to justify themselves.

Did you read the LEASE website that I linked to in my earlier post?

"Administration charges

The Commonhold and Leasehold Reform Act 2002 introduced rights in respect of administration charges. These are defined as 'an amount payable by a tenant as part of or in addition to rent, which is payable directly or indirectly for:

• the grant of approvals under the lease or applications for such approvals;
• for or in connection with the provision of information or documents by or on behalf of the landlord or a person party to the lease other than the landlord or tenant;
• costs arising from non-payment of a sum due to the landlord;
• costs arising in connection with a breach (or alleged breach) of the lease.'

Any administration charge demanded by the landlord must be reasonable in order for the landlord to recover the charge, and must be accompanied by a summary of the leaseholder's rights and obligations in respect of administration charges. If the summary is not included, the charge is not regarded as being payable.

The leaseholder has two courses of remedy, depending on whether the charge is variable or not:

• where the charge is variable, the leaseholder may make an application to the LVT for a determination of reasonableness, as with service charges. A variable administrative charge is one where the amount of the charge is not specified in the lease or calculated according to a formula specified in the lease.
• where the charge is fixed by the lease or a formula in the lease, the leaseholder may apply to the LVT to vary the lease, on the grounds that the amount specified is unreasonable or that the formula is unreasonable. If the LVT is satisfied, it may make an order to vary the terms of the lease, to substitute a reasonable amount or to amend the formula, either as requested by the leaseholder or as the Tribunal finds appropriate.

However, an application cannot be made to the LVT where the administration charge has been agreed or admitted by the leaseholder, has been or is to be referred to arbitration pursuant to a post-dispute arbitration agreement, or has already been determined by a court, or determined by a Tribunal pursuant to a post-dispute arbitration agreement."

Richard_Webster

I'd write to Solitaire by recorded delivery and ask which clause in your long lease they are referring to.

Why bother? It is none of their business.

Fire_Fox

Richard_Webster wrote: »

Why bother? It is none of their business.

Because it is cheaper than what the OP was proposing to do.

Jungle_Jane wrote: »

As far as I can tell that is the only relevant clause, but I may take the lease to our solicitors for a closer inspection. Hopefully we'll be able to speak to our mortgage provider too to see what they think.

Richard_Webster

Quote:
Originally Posted by Richard Webster
Why bother? It is none of their business.
Because it is cheaper than what the OP was proposing to do.

Quote:
Originally Posted by Jungle Jane
As far as I can tell that is the only relevant clause, but I may take the lease to our solicitors for a closer inspection. Hopefully we'll be able to speak to our mortgage provider too to see what they think.

Firefox may be right here.

Worth ringing solicitor - depends how easily he can fish out lease and look at it - if a client of mine rang me on a point like that and I had an electronic copy left over from when client bought I would look at it and tell him on the phone and wouldn't charge - regarding it as part of after sales service and worthwhile for goodwill - but I know others wouldn't do that or wouldn't have it immediately available.