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How to fight a landlords excessive cost for consent to let (leasehold)
minibbb
Posts: 342 Forumite
Good evening all
I was hoping for some advice for my inlaws please. They purchased from me in Jan 2014 my one bedroom leasehold flat on a buy to let mortgage to let it out. The managing agent gave them consent to let (verbally).
Since then the landlord's solicitors have been pestering them for £4K for formal consent to let plus a £500 admin fee. They state the previous managing agent did not have the authority to grant consent.
They tried to do everything by the books and are taking up matters with their solicitor who acted for them during the purchase as they don't believe they were properly advised re any possible charges like this.
I am aware that the landlord "cannot unreasonably withhold consent to let". Surely charges of 4.5K are being unreasonable? Their latest letter is threatening court action if they don't pay up.
I paid the 18K to extend the lease before I sold it. I think everyone in the block has extended their lease now so looks like the landlord is looking to drum up some more money.
Have any landlords been able to contest charges like this or does it look likely they'll have to pay it?
I was hoping for some advice for my inlaws please. They purchased from me in Jan 2014 my one bedroom leasehold flat on a buy to let mortgage to let it out. The managing agent gave them consent to let (verbally).
Since then the landlord's solicitors have been pestering them for £4K for formal consent to let plus a £500 admin fee. They state the previous managing agent did not have the authority to grant consent.
They tried to do everything by the books and are taking up matters with their solicitor who acted for them during the purchase as they don't believe they were properly advised re any possible charges like this.
I am aware that the landlord "cannot unreasonably withhold consent to let". Surely charges of 4.5K are being unreasonable? Their latest letter is threatening court action if they don't pay up.
I paid the 18K to extend the lease before I sold it. I think everyone in the block has extended their lease now so looks like the landlord is looking to drum up some more money.
Have any landlords been able to contest charges like this or does it look likely they'll have to pay it?
0
Comments
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Sack the agent, they work for you, appoint your own.I do Contracts, all day every day.0
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Marktheshark wrote: »Sack the agent, they work for you, appoint your own.
What? They could be sacked through collective Right-to-Manage, but otherwise they work for the Landlord.0 -
Have a look at https://www.lease-advice.org0
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Marktheshark wrote: »Sack the agent, they work for you, appoint your own.
No they don't. They are appointed by the landlord, how could they possibly be appointed by one single leaseholder?0 -
Since then the landlord's solicitors have been pestering them for £4K for formal consent to let plus a £500 admin fee.
In 2012, some leaseholders took their freeholders to the Upper Tribunal, on the basis that the freeholders' fees for consent to let were unreasonable.
The tribunal determined that a fee of £40 should be payable, as that was reasonable.
It might be worth pointing your freeholder towards that ruling. (Although, perhaps there are special circumstances in your case.)
See: http://landschamber.decisions.tribunals.gov.uk//Aspx/view.aspx?id=823 (and download the the document).0 -
Some really helpful replies thanks everyone! Been looking at the lease advice site which looks handy as does the stated case above!
Fingers crossed!0
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