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Rob Bishop
22-04-2008, 13:26 PM
Hi Guys,
I am new here so if this query sounds petty & long - my apologies.
I rent out a flat which I have had since new ( off-plan early 2005) and use a letting agent

Two weeks ago I received a letter from the Management Company (Mainstay) demanding £50 + VAT as they have not received notice in writing of the Tenancy Agreement. (They had not requested this at any stage until now)

When I contacted Mainstay I asked why this is only being brought to my attention now and why had not Mainstay implemented this since the beginning in 2005? They said it was a new policy they were starting to enforce.

What they did not realise is that I had already informed Mainstay in March 2005 of my wish to Let out the property. They wrote back telling me that I did not have to inform them if I wished to let the property. I have this letter on file.

Can Mainstay just send a letter (without ANY prior warning) demanding money just like that - even though I have a letter from them stating they do not need to be informed?

This is what Mainstay wrote:
Why must I pay £50+VAT for registration of my Notice of Underletting?
"It is a requirement of your lease that you give notice in writing of any under letting. We will also require contact details of the tenants along with a certified copy of the tenancy agreement. An administration charge is charged to meet the cost of obtaining and managing the information provided. Admin fees are chargeable as per the common hold and leasehold reform act 2002 for the grant of approvals under the lease or applications of such approvals"

Is this correct and do I have to pay this despite no other letter from Mainstay saying that they were now going to implement this charge?

I have checked my lease and all I can find similar to this is :
8th Schedule Part 1, 25.2

"Underlet the demised premises without prior written consent of the Management Company or its agents provided always that such underlet shall be by means of an assured shorthold tenancy agreement or any other form of agreement which does not create any right of tenancy for the tenant after the term of any such agreement shall have expired"

I contacted my letting Agent and they refused to give Mainstay any tenant details under the Data Protection Act so I dont quite know where i stand right now.

Any advice would be gratefully received.
Thanks,
Rob

jeffrey
23-04-2008, 14:20 PM
If you buy a leasehold flat, you buy with deemed knowledge of what the lease contains. You therefdore have no grounds on which to refuse to comply PROVIDED that L complies with lease and statutory requirements too. See, for instance:
a. s.18-s.30 of LTA 1985; and
b. s.158 and s.166 of 2002 Act.

P.Pilcher
23-04-2008, 16:47 PM
So, in simple terms Jeffrey, Rob can tell his lessors to go take a running jump can he?
I have a similar problem with my lessors inventing similar new terms in my lease, but when I ask them to point oit the clause in my lease which enables them to make such demands, they never reply and take the matter no further - so far!

P.P.

jeffrey
24-04-2008, 12:33 PM
So, in simple terms Jeffrey, Rob can tell his lessors to go take a running jump can he?
No. Consent IS an explicit requirement of the lease (and, usually, Notice of Lease is too).
Otherwise, yes:
a. if lessors cannot point to a valid clause in the Lease on which they are able to rely; and
b. in letter to Mainstay, don't use that precise running-jump wording! Say something like, "Please specify on exactly which clause in the lease you (on behalf of the lessor) are relying."