PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Leasehold rip off

In 2002 we had a conservatory built with full council planning permission.
I have now received a demand from the leaseholder that consent should be obtained and we are in breach of our lease for which we pay £10 per year. Subsequently they have requested a fee of £293 for "considering this matter".
I was not aware that permission had to be requested nor that any fee was required especially 8 years after the event.

Any ideas?

Thanks
JJ

Comments

  • No ideas, but I wish I could charge people just for considering their conservatories!
  • ET1976
    ET1976 Posts: 315 Forumite
    When you say 'leaseholder' I assume you mean 'freeholder', i.e. you are a leaseholder of the property and your freeholder is telling you that consent is required?

    You need to read your lease. This will tell you whether modifications to the property can be made and whether or not they require the freeholder's consent. IMO it would be a pretty unusual lease which didn't stipulate that consent was required.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Whether they can do this depends totally on what your lease says. You've read that in detail right? ;-)

    Go to LEASE's website. This is a govt funded advice service that you can use to learn about your rights and obligations.

    You might also want to post in landlordzone's long leasehold forum.

    Given on what you have told us, you are the leaseholder and they are the freeholder, helps to get your jargon right.
  • Thanks for your replies. One thing I am guilty of is bad jargon!
    Yes, I am the leaseholder and "they" are the freeholder. Sorry.
    Otherwise in my defense I didn't read the lease, I didn't have the lease, it was in the posesion of the building society. Looks like I'm up the creek and need a £293 paddle! What worries me is if they come back for more.
    I guess the term 'ignorance is no excuse of breaking the law' springs to mind.
  • timmyt
    timmyt Posts: 1,628 Forumite
    why dont you have a photocopy of your own lease, everyone has one as that is what you gt when you buy
    My posts are just my opinions and are not offered as legal advice - though I consider them darn fine opinions none the less.:cool2:

    My bad spelling...well I rush type these opinions on my own time, so sorry, but they are free.:o
  • olly300
    olly300 Posts: 14,737 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Thanks for your replies. One thing I am guilty of is bad jargon!
    Yes, I am the leaseholder and "they" are the freeholder. Sorry.
    Otherwise in my defense I didn't read the lease, I didn't have the lease, it was in the posesion of the building society.
    That's not a defence at all.
    Looks like I'm up the creek and need a £293 paddle! What worries me is if they come back for more.
    I guess the term 'ignorance is no excuse of breaking the law' springs to mind.
    Even if you didn't have your lease or read it, there was nothing stopping you writing to your freeholder to confirm whether they would be any charges or not.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You really should have at least tried to understand your lease, but I'm not here to lecture.

    But this does NOT mean you are up a creek. Freeholders often make unenforceable demands as there is no law against trying your luck by issuing an unjustified bill (unfortunately). This charge may well not be due. Get your lease, research it at the resources I pointed you to.
  • patanne
    patanne Posts: 1,286 Forumite
    It may actually be cheaper to buy your freehold - but look out for how much they want to charge you to "quote"
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why is your thread entitled 'rip off' when you go on to admit you haven't the faintest idea whether the charges are lawful or not??
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • mjmal51
    mjmal51 Posts: 595 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    The previous owner of my property paid nealy £300 for each of the 2 changes he made, conservatory and loft conversion, and another £300 for reversionary permision for an extension done before he bought the house. Seems I will have to pay a similar amount to the freeholder to put up a satellite dish, so unfortunately this is common practice.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 347.1K Banking & Borrowing
  • 251.6K Reduce Debt & Boost Income
  • 451.7K Spending & Discounts
  • 239.4K Work, Benefits & Business
  • 615.2K Mortgages, Homes & Bills
  • 175K Life & Family
  • 252.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.