13:47 PM, 10th April 2019, About 2 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?
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Advice and implementation provided by a practising Barrister-At-Law with £10,000,000 of Professional Indemnity InsuranceBook Now
Previous ArticleLandlord Incorporation Checklist
|“Account”||means an account required to access and/or use certain areas and features of Our Site;|
|“Cookie”||means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 13, below;|
|“Cookie Law”||means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;|
|“personal data”||means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and|
|“We/Us/Our”||Means Property118 Ltd , a limited company registered in England under company number 10295964, whose registered address is 1st Floor, Woburn House, 84 St Benedicts Street, Norwich, NR2 4AB.|
|Name of Cookie||Purpose||Strictly Necessary|
|JSESSIONID||Used only to collect performance data, with any identifiable data obfuscated||No|
|__cfduid||This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.||Yes|
|Name of Cookie||First / Third Party||Provider||Purpose|
|__utma, __utmb, __utmc, __utmt, __utmz||First||Helps to understand how their visitors engage with our website|
|_fbp||First||Helps to understand how their visitors engage with our website|