Are consent to let licence fees unreasonable?
Hi fellow Leaseholders
I have tried negotiating the cost down for consent to let my property requested by Freehold Managers PLC without success. They are demanding £210 for a one off licence, however if there is a change of tenant a further £120 is payable each time, alternatively they are demanding £400 for a five year licence and an additional £60 if there is a change of tenant.
After reading previous articles similar to my situation I have offered £60 for the consent to let, however Freehold Managers PLC have declined my offer and have placed the issue in dispute and claim I am in breach of lease.
My lease does not state the amounts which should be paid for consent, but states the following “not to underlet the demised premises without the written consent of the Lessor such consent not to be unreasonably withheld in the case of a respectable and responsible person and to pay to the Lessor or its solicitors all costs charges and expenses incurred by the Lessor in respect of any application by the Lessee for the consent of Licence required by these presents and the preparation and services of any deed or document necessary thereto whether or not the matters for application is made shall proceed.”
Do I pay up or is there an alternative?
Look forward to hearing from you.
Keith in Loughton.
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Member Since July 2013 - Comments: 264 - Articles: 1
9:05 AM, 12th June 2015, About 11 years ago
I think there is new legislation in the offing to ban this sort of scam.
Member Since November 2013 - Comments: 149
9:28 AM, 12th June 2015, About 11 years ago
and not before time…
Member Since October 2015 - Comments: 6
1:08 PM, 15th October 2015, About 11 years ago
Reply to the comment left by “Malcolm Norquoy” at “12/06/2015 – 04:07“:
Did you get anywhere with this Malcolm? I’m in a similar situation with E&J, see my comment on this thread…
https://www.property118.com/freehold-managers-unreasonable-fees-for-subletting-consent/61072/comment-page-8/#comments
Member Since April 2017 - Comments: 5
12:17 PM, 12th April 2017, About 9 years ago
Reply to the comment left by “Mark Alexander” at “08/06/2015 – 09:46“:
Mark,
Any update to this as I am in the same position and the details are exactly the same as yours.
Did you get anywhere?
Member Since January 2011 - Comments: 12216 - Articles: 1411
1:52 PM, 12th April 2017, About 9 years ago
Reply to the comment left by “lucy holmes” at “12/04/2017 – 12:17“:
Yes, we had to capitulate as it went to First Tier Tribunal and our Counsel advised we would lose.
Our conveyancing solicitors had failed to pick up on the fact that our lease contained a no subletting clause when we purchased the property. As a result of this we were effectively held to ransom by the freeholder by threat of forfeiture of the lease.
We are now in the process of claiming losses against the solicitor who failed not only to pick up on the no subletting clause when we purchased the property in 2003 but again on the three separate occasions we refinanced.
The battle scars run well into six figures but the war is not over and we are still fighting.
.
Member Since April 2017 - Comments: 5
2:51 PM, 12th April 2017, About 9 years ago
Reply to the comment left by “Mark Alexander” at “12/04/2017 – 13:52“:
I am doing the same as my solicitor failed to spot too. Surely the fees they are charging are not reasonable though? Due to this its putting off potential buyers!
Member Since January 2011 - Comments: 12216 - Articles: 1411
2:58 PM, 12th April 2017, About 9 years ago
Reply to the comment left by “lucy holmes” at “12/04/2017 – 14:51“:
Are you suing for that as well?
We are only claiming for our out of pocket costs.
I agree the ransom money is extortionate but we must mitigate costs as much as possible in order to make a valid claim. Forfeiture of lease therefore isn’t an option.
.
Member Since April 2017 - Comments: 5
8:11 PM, 12th April 2017, About 9 years ago
hiya at the moment seeing if I have a claim and yes mine is now 6 figures. there is nothing in the lease about these fees but they have forced me into selling my property. had two offers but when they found out the lease terms on subletting they withdrew.
I asked Danesdale if they would consider amending but they just told me to reduce the price. I have 12 months to sell and pay them.
Member Since January 2011 - Comments: 12216 - Articles: 1411
6:16 AM, 13th April 2017, About 9 years ago
Reply to the comment left by “lucy holmes” at “12/04/2017 – 20:11“:
Ouch, nasty!
.
Member Since November 2013 - Comments: 149
8:36 AM, 13th April 2017, About 9 years ago
its a shame the government doesnt step in to deal with these unscrupulous companies like they’re doing by banning tenant fees..