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"Fair and Honest Property Advice" - Are they scammers?
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Hi Patrick,
As I noted, the key point is to understand the difference between the manager and the Lessor. E&M usually acts on behalf of the Lessor or freeholder. In the 2 leases I have experience with, the Lessor collects ground rent and does little more. Some sort of manager or management company takes care of all the regular activities. The first page of the lease should clearly show if the Lessor and manager are two separate parties.
Elsewhere in the Lease, possibly under "Covenants by the Lessee" there may be rules covering the "assignment, transfer, mortgage, underlease or tenancy agreement" and a reference to a "reasonable fee". In my Lease it is explicit that the Management Company can charge such a fee but there is no mention of the Lessor having such a right.
The key to winning against E&M (and possibly your own solicitor) is to be persistent and demand to be shown the part of the Lease that gives them such a right. Where the manager has the explicit right and the Lessor is not mentioned and not given such a right, then E&M cannot enforce their £100 or £200 fees for change of ownership and/or mortgage. It took me 5 rounds but I did win in the end.0
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