13:47 PM, 10th April 2019, About 3 years ago 2
I am planning to rent out my flat for a shorthold tenancy agreement. On my lease it says that I need to get written consent of the landlord for subletting. I had enquired with the landlord (this being the freeholder). They have asked for payment for £150 (£125 plus VAT). This consent consists of a fee which is applicable of £50 plus VAT in addition a Notice fee is applied of £75 plus VAT.
I find this fee not reasonable because of the following:
1) In the lease it doesn’t state that they can charge me for the consent to let. However, they have said that Please be advised in the circumstances the contract (the Lease) is silent, the law specifies that the landlords costs are payable for any consents given. The landlord cannot charge a fine, but he can charge a reasonable sum in respect of the expense incurred in granting the consent under Section 144 Law of Property Act 1925 – “This Act does not preclude the right to require the payment of a reasonable sum in respect of any legal or other expense incurred in relation to such consent”.
2) They have also mentioned that a consent will need to be applied for upon each new tenancy agreement where a further fee is applied (which is £150 again).
Could you please share opinion on this. Also could I challenge the freeholder on the fee they have suggested that I need to pay for the consent to let?
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