Consent to sublet from freeholder

Shoppy_2

Hello,

I am considering letting out my flat and already have consent to let from my mortgage company. I have now approached the freeholder to find out what they may need from me and they have come back to say they need £100 + VAT for them to check the lease conditions. This sounds like money for old rope to me!

I have since read through the lease myself and I believe that I do not require consent from the freeholder. My lease reads as follows

(a) Not to assign underlet or part with possession of part only of the apartment
(b)During the last 7 years of the said term not to assign underlet or part with the possession of the apartment or any part thereof without the previous consent in writing of the landlord such consent not to be unreasonably withheld.
(i) to pay to the solicitors of the landlord such registration fee as may be reasonably demanded by them but such fee in any event shall not be less than fifteen pounds plus VAT

Is the fee mentioned in (i) only relevant to sublets in the last 7 years of the lease? I.e. I am not required to pay this fee?

Although I don't need consent from the freeholder I will need to give them my new address, so they will know I am letting anyway. I suspect they are likely to insist that I pay them the £100 + VAT, any ideas on what I can say to them to deter them?

Many thanks,

propertyman

That's easy simply reply quoting
(a) Not to assign underlet or part with possession of part only of the apartment

and that as you are proposing to sublet the whole consent is not needed.Advise them of your contact details and confirm that you will let them have the exact terms and name of the tenants in due course.Now under b i you do have to pay a registration fee to the solicitors of the landlord, emphasis on solicitors, not the landlord. Don't mention that or quote it in your letter let them spot it, if they do and then you can repost and ask how to respond then. It's an easy answer but needs careful phrasing so leave that until it comes up, if it does.

G_M

Propertyman - I too wonder why any registration fee is required if permission to let (the whole) is not required.

What is being registered that may reasonably lead to a fee demand??

propertyman

The simplest reason is that the landlord will need to know where his tenant, the leaseholder, is for the purposes under the lease, from ground rent service charge and insurance, as well as communication generally.

From a practical point the tenants information is helpful in the event of emergency say a leak into or from their flat, or if an inspection is required. In larger buildings it is helpful to encourage "renters" to join in with Residents Associations, as they are often refused as they are often a service charge payers only focus,. Firms like ours ( ad it was my idea) do encourage an everyone policy and therefore it helps to have their info.

In a more detailed sense, on under letting the landlord will as prompted check the lease as to consent and then be aware that should a breach arise, that the occupying tenant that has to be factored into any investigation or proceedings.

Similarly where the buy let had hide landlords who refuse to pay the above charges, it allows the landlords to apply to the the court and have the rent diverted to pay those.

It is often not understood that the only funds available are often those paid in by flat owner, who effectively subsidise the non paying neighbour.

And yes sadly thee are "factory" agents ( no not those excellent chaps in cravats in plant and machinery agency/valuations) who don't give a hoot and see it as way to take a £100 for not a lot.

It does take a little time to check process and record, and it is fairer to charge the person "causing the work" than spreading it across all the management fees.

Shoppy_2

Hi Propertyman,

Thanks for the response. I shall do as suggested and let you know what happens. I assume that if they do not spot the registration fee but accept the sublet I can't then be later found to have breached the terms of the lease?

My experience with the freeholder so far tells me they will do what they can to extract money from me and make life difficult!