29

May, 2017

Monday

Page 2 of 3 FirstFirst 123 LastLast
Results 11 to 20 of 23
  1. #11
    Join Date
    Aug 2008
    Posts
    5,309

    Default

    What a brilliant devil !!!

  2. Thanks: 1

    + Show/Hide list of the thanked

    JK0

  3. #12

    Default

    So it turned out the £40 fee was an additional surcharge for late payment on top of the £130 or £65 - hence I'm left having to pay £130 for all my past tenants but they are waiving the £40 additional fee.

    Should I challenge this or just not worth the effort?

    I'm tempted to use the LandlordLaw legal service - does anyone have experience using them?

  4. #13
    Join Date
    Oct 2009
    Posts
    9,213

    Default

    Whatever you pay a lawyer is likely to be far more than you'll save on fees.

    The £40 for restrospective consent or seeking consent was a legal precedent that we established. Once again, I suggest you send the £40. If they return it, better still!

  5. #14

    Default

    Thanks - I did pay them the £120 (£40 x 3 =£120) saying if they cashed the cheque I would take that as acceptance of my offer. They cashed the check and wrote back saying I owed them the balance (£390 - £120 = £270).

    In fairness they are only making me pay £130 for past tenancies rather than £130 + £40 retrospective charge for each.

    When you say legal precedent you established - what are you referring to?

  6. #15
    Join Date
    Oct 2009
    Posts
    9,213

  7. #16

    Default

    Ok thank you, sorry I have read the link you provided earlier in the thread.

    So based on the Holding & Management (Solitaire) Ltd v Cherry Lilian Norton case it would appear I would have likely success in winning a tribunal case given they are not willing to accept £40. Should I just write back and reference that case ask them for final reconsideration? Or should I ask them to break down the costs associated with £130? I am just trying to weigh up the approach I should take or just accept having to pay £130 for every tenant that rents my property for ever more.

  8. #17
    Join Date
    Oct 2009
    Posts
    9,213

    Default

    Up to you my friend.

  9. #18

    Default

    Have you checked the exact wording of your lease ?

  10. #19

    Default

    Quote Originally Posted by scriv View Post
    Have you checked the exact wording of your lease ?
    Hi scriv,

    I have and here's what it says (or at least the 2 sections that are most relevant):

    25. Not at any time during the Term:

    25.1 sub-let the whole or any part of the Demised Premises save that an under-letting of the whole of the Demised Premises is permitted in the case of an assured shorthold tenancy agreement or a company let with the prior written consent of the Manager or its agents (such consent not to be unreasonably withheld or delayed)

    26. Within one month after the date of any and every assignment transfer mortgage charge under-lease or tenancy agreement (including any immediate or derivative under-lease or tenancy agreement) of the whole or part of the Demised Premises for any term assignment of such under-lease or grant of probate or letters of administration order of court or other matter disposing of or affecting the Demised Premises or devolution of or transfer of title to the same to give or procure to be given to the Secretary of the Manager notice in writing of such disposition or devolution or transfer of title with full particulars thereof and in the case of an under-lease if required by the Manager a copy thereof for registration and retention by it AND ALSO at the same time to produce or cause to be produced to them the document affecting or (as the case may be) evidencing such disposition or other matter and to pay or cause to be paid at the same time to the Manager's Secretary such reasonable fee appropriate at the time of registration in respect of such notice perusal of documents and registration affecting the Demised Premises PROVIDED ALWAYS that in the case of a contemporaneous transfer and mortgage the fee shall only be payable on one of such matters


    25.1 mentions no fee and originally that was what I was going to stand by but the recommendation on this thread was that I should pay something reasonable.

    I've booked a free 15 min call with Lease Advice so will see what they say and report back.

  11. #20
    Join Date
    Oct 2009
    Posts
    9,213

    Default

    I notice the above refers to 'the manager'. That is not necessarily E&M. Do you have a different company organising repairs? They are 'the manager'.

Similar Threads

  1. Global House Estates
    By apogee in forum Letting Agent Questions
    Replies: 3
    Last Post: 10-09-2011, 11:16 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •