Permission to Sub-Let from Freeholder

M0j0

Good evening all,


Hopefully someone may shine some light on my situation, I'm new to the world of renting and such things.


I live in a 2 bed flat that I may need to start renting due to a new job so I look online and the procedures and they say check the lease in case there's any clause's - There is none! no mention of subletting at all .. Happy days!

I contact my freeholder and politely say that I've looked over my lease there s no issues with sublet clause's, etc and what would be the procedure with you in relation to correspondents. I receive what looks to be a standardised letter back stating they require the tenancy agreement, my new address, a sentience about "if we insure your property, we must make you aware ..." well they don t insure it I do! That s what makes me think its standardised.


Information about that im still responsible for ground rent, etc



That s all fine then at the very end there's a paragraph that reads - "we would be prepared to issue you formal consent to your sub-letting, which may be required by your mortgage lender, on payment of our administrative and legal charges of £195.00"


So my actual questions


Do I need to get this formal consent if no one asks for it ? the top half makes out that they are happy for me to sublet (not that the lease says other) BUT!! if anyone e.g. mortgage company wants a letter from them saying that I have to pay £195! for what would take them 5minutes and probably already have a standardised letter. Can they even charge me for this if my lease has no clauses?

I did some googling and some people who do need permission from their freeholder talk about it should be a "fair price" being around £50 and stating some cases that went to the tribunals.
Thank you for getting through that sorry its so long


or is it just shut up and payup


Cheers
Chris

Thrugelmir

Who insures the building as a whole?

M0j0

Thrugelmir wrote: »

Who insures the building as a whole?

There is 6 flats in the block and each flat has its own insurance via a agent (that then pass the fact i have insurance to the freeholder)

The agent is coppergate and the insurance premium is through Aviva


I have rang coppergate and told them my situation and there happy to change it to a landlord policy and thay did confirm that im the client for the insurance they just let the freeholder know



Chris

eddddy

If your lease doesn't say you need consent to sub-let, tell your freeholder and/or ask them which clause in the lease they believe requires you to get consent.

However, some people report that their mortgage lenders still want a letter from the freeholder confirming that no consent is required - which can get very messy.

As you suggest, 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).

M0j0

eddddy wrote: »

(Although, perhaps there are special circumstances in your case.).

Thankyou thats very useful I will write up a letter now, and in response to the special case there is .. the companys in London so they want London prices for everything haha