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Nov, 2014

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  1. #21
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    Aug 2008
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    Quote Originally Posted by andbrads View Post
    Thanks JK0.

    My lease says stipulates that I must 'pay to the landlord a reasonable fee for the registration of the said notice (not being less than £35) plus any value added tax' (clause 22.1)

    Thank you.
    This clause is very clear stating that a reasonable fee for registration is 35 pds +VAT. So just pay this amount .

    Just ignore the waffle about complexity mentioned below , London overheads and quality of service etc

    " To be fair though it is the above for us, the quality of service is based on the PM having that personal purview and that notices do come in around £50/£60. As i have stated before its ok to take a fee, to which some object, but be sensible. London overheads as they are and London properties do not see this as excessive, but the argument for higher fees is one that is made, largely to suit the complexity of their organisations and leases, and sadly is outside the control of the FTT( I consider that an omission through unknowing drafting)."

  2. #22
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    Jun 2008
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    Quote Originally Posted by leaseholdanswers View Post
    As explained earlier- the need to do those things irrespective of for whose benefit, is triggered by the tenants actions. It is accepted that it is relatively rare for all aspects to be under the purview of one person, which in turn changes the basis of what is reasonable. It is no longer you or I receiving a notice and amending records.

    To be fair though it is the above for us, the quality of service is based on the PM having that personal purview and that notices do come in around £50/£60. As i have stated before its ok to take a fee, to which some object, but be sensible. London overheads as they are and London properties do not see this as excessive, but the argument for higher fees is one that is made, largely to suit the complexity of their organisations and leases, and sadly is outside the control of the FTT( I consider that an omission through unknowing drafting).
    We are clearly not going to agree on this.

    My point really is that property professionals ought not to operate on the basis that they are paid the same rate for every job they do and that for managing agents noting assignments etc is really part of the job they are paid to do. I think it is fair to say that surveyors have followed the lead of lawyers. The Law Society's recommendations in non-contentious business requires the following to be taken into account:

    (a) the complexity of the matter or the difficulty or novelty of the questions raised;

    (b) the skill, labour, specialised knowledge and responsibility involved;

    (c) the time spent on the business;

    (d) the number and importance of the documents prepared or considered, without regard to length;

    (e) the place where and the circumstances in which the business or any part of the business is transacted;

    (f) the amount or value of any money or property involved;

    (g) whether any land involved is registered land within the meaning of the Land Registration Act 2002;

    (h) the importance of the matter to the client.

    The problem is the undue emphasis put on (c) and (f) to the exclusion of the other factors and wanting to have your cake and eat it so that the time spent is emphasised where the value is low and the value emphasised where the time spent is low. It is also all too easy to charge "the going rate" when it is not your own client who is paying and the person who is paying, if he wants to get on, in practice faces the the stark choice of either paying up or not proceeding.

  3. #23
    Join Date
    Jun 2010
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    Foundation trench for New Shed@ Ham on Rye
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    15,220

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    in short we can charge it as we can!?


    There is a point in that and at £120, I would agree. I might agree were it a simple lease and small closely held operation, and/or well organised so that checking up to date information was easily done.

    With many schemes with RTMs ,RMCs and party to the lease managers, the amount of work and people involved are rather more than the traditional set up that many have in mind.

    In fact it’s not really the job of the agent, it is that of the landlord (even though they may delegate it) as the notice is in part information, which might be passed to the agent to note, but the implications of the transaction that has triggered the notice.

    It starts several steps that the landlord must take, or the agent on his behalf, to protect his interest and rights. All of that has been occasioned by the tenant’s action. Until then the landlord was minding his own…..
    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

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