Freeholder's consent and fee to sublet leasehold flat

millepede

Hello,
We have let out our flat and had our solicitor take a look at the lease requirements with regard to consent to let and she did not see there was an issue. I have now received a letter from the leashold property management company asking to send a copy of the tenancy agreement and £90 to request consent to let. I can only see that I need to request written permission if letting the flat within the last 7 years of the lease - if anyone is a legal expert and can advise on the below 2 clauses I would be very grateful:

Not at any time during the term to;
24.1 assign transfer sublet charge or part with possession of part only of the demised premises or to permit or suffer the same to be done and not to assign transfer sublet or part with the possession or occupation of the demised premises during the last seven years of the term without the prior written consent of the landlord (such consent not to be unreasonably withheld or delayed)
24.2 assign sublet (which expression shall in this clause exclude any assured shorthold tenancy agreement or company sublet) transfer or part with possession of the whole demised premises or to permit or suffer the same to be done unless there shall previously have been executed at the expense of the tenant and delivered to the management company respectively for retention by it a deed in duplicate expressed to be made between the landlord of the first part the tenant of the second part the management company of the third part and the person or persons to whom it is proposed to assign sublet or part with possession as aforesaid of the fourth part whereby the person to whom it is proposed to assign or part with possession shall have covenanted directly with the landlord and the management company to observe and perform throughout the unexpired portion of the term the covenants on the part of the tenant in this lease including this covenant but excluding in the case of the subletting the covenant to pay the rents hereby reserved Provided Always that neither the Landlord nor the management company shall the be required to execute any such deed.

Richard_Webster

If the tenancy is an assured shorthold then clearly no consent is required so I would write to the property management company pointing out that it is an AST and they are excluded from the requirement for any consent or other formality. Ask them to explain the provisions of the lease that say that such consent is required.

Many such companies try this on and this is not the first time that the point has come up - but the fee is usually a lot more than £90!

millepede

Richard_Webster wrote: »

If the tenancy is an assured shorthold then clearly no consent is required so I would write to the property management company pointing out that it is an AST and they are excluded from the requirement for any consent or other formality. Ask them to explain the provisions of the lease that say that such consent is required.

Many such companies try this on and this is not the first time that the point has come up - but the fee is usually a lot more than £90!

Many thanks, I have an AST and drafting the letter today.