Leasehold rip off

James_Jackson

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

Wicked_witch

No ideas, but I wish I could charge people just for considering their conservatories!

ET1976

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

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.

James_Jackson

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

why dont you have a photocopy of your own lease, everyone has one as that is what you gt when you buy

olly300

James_Jackson wrote: »

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.

James_Jackson wrote: »

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.

princeofpounds

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

It may actually be cheaper to buy your freehold - but look out for how much they want to charge you to "quote"

Fire_Fox

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??

mjmal51

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.