LandlordZONE

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Jul, 2014

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  1. #11
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    Aug 2008
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    The Moderator will erase the names as they don't want to be threatened by solicitors but if you quote a couple of LVT ref case numbers I can look up the details.

  2. #12
    Join Date
    Jun 2010
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    The requirement to give notice is just that, "I name have let property to name for time months from date".

    Unless there is another clause requiring consent or sight of the document no need to send it at all.

    As for underletting, the underletting ends and a SPT begins, however if you give notice that says "and any SPT thereafter" they are done.

    A sensible strategy with avaricious landlords/agents, subject to the terms of the lease, is to do just that, or give notice for 3 years, or let for 3 years, with a mutual break clause after 6 months or a year.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  3. #13
    Join Date
    May 2010
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    745

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    When subletting there is no actual need for a tenancy agreement. Any agreement can be verbal. So just notify them that the term is indefinite.

    I also wonder whether there is a potential way to avoid these types of ongoing costs by entering into an agreement to sublet to a family member for one day less than the term left on the lease. Register this agreement.

    Then all AST subletting could be between the family member and the tenant without the need to register again as the family member is not party to the lease.
    I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

  4. #14
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    Jun 2010
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    That might work however the lease might restrict such a term and they might reasonably claim, where consent is required, that the under lease has similar terms.

    Giving up use or possession of a property can be done without an agreemetn but its not advisable where covenants have to be enforced or you want them to leave
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  5. #15

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    Gordon - As I'm not making any allegations or defamatory remarks against them, I guess I'm OK in saying that {Mod - name removed} is the agent requesting the payment.

    Leaseholdanswers - thank you for that info on post#12. That's more or less what I did - I told them at the time of registration that they should assume the agreement remains in place until I notify them otherwise. They then re-e.mailed, requesting the expiry date of the tenancy, and I said I expected the agreement would evolve into a STP that I will notify them when the tenancy comes to an end. They have ignored that, and assumed a 6-month tenancy.

  6. #16
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
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    Then write and tell them I gave notice that the letting was a contractual term of x months and any statutory continuation thereafter, you are in error in your assumption, the letting ends when either give notice or the tenancy is terminated.

    I would add that just because your software requires a firm date ( which is likely the cause for the assumption) is not my problem....I will notify of any changes as required under the lease.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  7. #17
    Join Date
    Jun 2011
    Location
    Stevenage
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    1,367

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    Quote Originally Posted by Gordon999 View Post
    The Moderator will erase the names as they don't want to be threatened by solicitors but if you quote a couple of LVT ref case numbers I can look up the details.
    If I think there is risk to LLZ and/or the forum member concerned.

    I will also remove names if I think there is risk that subsequent posts by other members may create problems.

    And as always I wonder what is the value to the question(s) posed, does knowing the company name make a big difference to the replies? Usually the only difference this makes is that it provides a search tag for future members to find and post their defamatory / libellous remarks.

    Quote Originally Posted by John60 View Post
    They're a well-known company with lots of mentions on this forum and have successfully challenged the LVTs ability to rule on registration charges many many times
    The fact that names may appear in older threads does not change the way I deal with this, I have only been a moderator on these forums for 18 months and there are not enough hours in the day for me to retrospectively edit all posts that contain libellous comments. I have though on a couple of occasions needed to do this due to the threat of legal action.

    In those 18 months I am aware of several cases where I / LLZ admin have been contacted with threats of legal action.
    I also post as Mars_Mug when not moderating

  8. #18
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    Jun 2010
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    Another reason that I support this, not that I can object , is that I would like to see this forum focus on solutions, with the odd vent, in general terms, rather than other sites where they only reinforce each others state of disgruntlement and do not advance their or their members cause.

    We can certainly point to public sources such as the LVT decisions or advice sites like LEASE, but for the "lets bash X and O" they are easily searched for if a member wants such affirmation or a space to stamp.

    As they say don't get mad get even. I'd rather contribute to that.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  9. #19

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    Quote Originally Posted by JK0 View Post
    You can still go to the LVT for a ruling on this like I did:

    http://www.residential-property.judi...y/10001AMR.pdf

    There have been one or two cases recently where the LVT have felt they were empowered to rule on notice fees. Give it a go.
    Hello,

    I am new to this game and would like to know if this ruling is still valid or if anyone can advise me.

    I have been looking at this thread and also the 'Freeholder's consent and fee to sublet leasehold flat' thread and am now not quite sure where I stand. I apologise now if I am repeating previous questions that have been answered.

    I do not need consent to sublet and my lease says this:

    "Upon every underletting of the Demised Premises and upon every assignment transfer or charge thereof and upon the grant of probate or letters of administration affecting the Term and upon the devolution of the Term under any assent or other instrument or otherwise howsoever or by any Order of the Court within one month thereafter to give the Landlord and the Company or to their respective solicitors for the time being notice in writing of such underletting assignment transfer charge grant assent or Order with full particulars thereof and to produce to the Landlord and the Company or their respective solicitors every such document as aforesaid and to pay to the Landlord a reasonable fee for the registration of the said notice (not being less that £50) plus any VAT or similar tax payable thereon at the rate for the time being in force and to deliver to the Company each deed of covenant referred to in this Schedule duly stamped"

    My position at the moment is that I have a tenant who is still on his first 12 month AST (due to expire in Feb 14). I have paid the £65 fee for registration. The Landlord's solicitors are now also asking for 2 x £65 for a previous tenant whose AST became a statutory periodic tenancy. They state that they are entitled to claim a fee every month (in line with the rental payment) but take the view that they will do so annually instead.

    The solicitor's website actually says in its FAQ section:

    The first letting to the tenant will attract a sublet notice requirement and fee. If this has not been done the owner is in breach of their lease and should remedy that breach by providing notice and paying the fee immediately. When the first tenancy comes to an end it can either be renewed (a new document produced) or the original agreement can simply roll on automatically. This automatic roll over tenancy is called a statutory periodic tenancy. In this case, a sublet fee is strictly payable every time the roll over tenancy automatically renews which is every time the rent is paid, which may be each week! We only charge one annual sublet fee in this instance."

    This would indicate to me that they must believe that there is no problem with doing this as it is there for anyone to see.

    I don't know if it is relevant but since they made this demand and I disputed it, they have asked for ground rent which I have paid. I presume this means I cannot be in breach of lease? but even so I do not want the debt on my account because I do intend to sell the flat within the next few years.

    They will charge another £65 will be charged in Feb when my current tenant's lease is either renewed or the SPT ensues so I also want to avoid this if possible. Obviously I have no issue with the fee if I have a different tenant.

    I would be prepared to go to the LVT if appropriate/worth it/necessary.

    Many thanks

  10. #20
    Join Date
    Oct 2009
    Posts
    4,820

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    This isn't 'Smirca' or 'I stole air' again is it. (Anagrams used as we aren't allowed to name names.) It sounds a lot like them.

    My case does not stand as a precedent. You will have to go again yourself.

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