Freehold Managers Unreasonable Fees for Subletting Consent

Freehold Managers Unreasonable Fees for Subletting Consent

10:09 AM, 2nd December 2013, About 10 years ago 89

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Hello everyone, especially the legal people amongst you.

I am in DESPERATE need of legal advice!

I am sure this has been discussed in one form or another before but I would like to make it very personal and specific to me if that is OK.

I have been in a virtual argument with my landlord for quite some time now. Freehold Managers Unreasonable Fees for Subletting Consent

I own an apartment which I let out (sub-let effectively) and MY landlord is insisting on money for :-

Subletting registration – £78

Sub letting consent – £48 (I think that’s the cost)

The registration is expected each and every time a new tenant moves in!

My argument is that this is totally unreasonable, unfair and extortionate!

Then they are trying to charge me £78 each and every time they send a letter. Now surely this is extortionate for something that cost pence to produce and a couple of pounds to administer.

Be damned if I know why I have both these company names on the letter heads / invoices.

I think there is a huge principal at point here and more so because of their bully tactics and lack of customer service.
In addition to this It seems that there is no legal way to challenge anything they choose to charge and that just cannot be right or fair!

PLEASE can someone help?

By the way I did go down the route of quoting a certain case where the judge stated that a fair and reasonable cost would be x,y,z. They chose to ignore that.

Time is short and costs are spiraling – please can we do something about these faceless, remorseless morons!? It literally makes me sick to my stomach.


John Sweet

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Fed Up Landlord

11:01 AM, 29th December 2013, About 10 years ago

Hi Annette. No problem. This may be a little off topic and you may be aware of it but two of my RTMs have just got a decision at Lands Tribunal on the issue of RTM on multiple blocks against SGIK. This in theory if not appealed to the Court of Appeal) should make RTM easier and does away with the ability of the freeholder to charge such fees. refers.

Annette Stone

11:31 AM, 30th December 2013, About 10 years ago

Mike. It does take quite a bit of time to review a lease in detail and advise and depending on the sort of challenge you intend mounting you may need to take advise from a solicitor. My professional indemnity does not cover me for providing legal advice although I am able to offer advice as a managing agent. I have to be careful in what I take on at no fee but f you can wait till next week when I am back at work please get my e mail address from Mark. As always I reserve my rights in offering assistance either because of a time factor or because I feel an issue is not within my parameters of expertise.

Gary. I read right through the Lands Tribunal decisions on multiple blocks and I thought it was a well fought case. Well done. I am not sure it is going to be a cure all for the problems encountered on multi block sites and rtms have their problem as well but it is a sensible decision.

James Feehily

11:34 AM, 3rd January 2014, About 10 years ago


Many thanks for the kind offer and I shall be in touch.

Kind Regards

tee kkk

17:27 PM, 19th June 2014, About 10 years ago

I am in a similar position here.

I sent the freeholder the case law where the ruling for 4 cases stated that the sublet fee should be no more than 40+VAT. Then the freeholder sublet team replied that 'that is about sublet fee; they are charging for registration fee.' (120 for registering a new tenant, 60 if the same tenant.)

Also, the way we work with our tenants is the first 6 month is fixed (they can't exit unless they can find a suitable successor), then they can carry on renting without signing another contract; should any party wishes to terminate the rental contract, giving 1 month notice will do. This is stated in the rental agreement. This means the contract between us the tenants still pertains, therefore it is not a new contract.

I wonder what you guys' advice would be?

Mark Alexander - Founder of Property118

17:37 PM, 19th June 2014, About 10 years ago

Reply to the comment left by "tee kkk" at "19/06/2014 - 17:27":

You could not enforce your one month right to terminate. Statute overrules contract and statute says you must give at least two months notice. Tenant only has to give one month notice though

Also, at the end of a fixed term contract the tenancy becomes periodic. In law, this is a new tenancy, even though it is covered by the same contract.

tee kkk

11:38 AM, 20th June 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "19/06/2014 - 17:37":

Ah, thanks, nice to gain this knowledge. We actually put this clause in in favour of the tenants, as normally it is the tenant who wishes to exit the contract for reasons such as moving job or getting onto property ladder themselves. We will revise this clause in future to give them 1 month notice but 2 on our side.

But back to the registration fee - are the freeholders allowed to charge 120 GBP for a new contract with a new tenant, or 60 for a renewed contract? It just seems like a big money for not much work - they don't do any check but probably just keep the paperwork in a cupboard and update a record in the computer.

Mark Alexander - Founder of Property118

11:46 AM, 20th June 2014, About 10 years ago

Reply to the comment left by "tee kkk" at "20/06/2014 - 11:38":

In a word - NO!

Please see my first response to this question >>

tee kkk

14:37 PM, 24th June 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "20/06/2014 - 11:46":

I wish there is a way to send personal message... anyway, do you happen to know a no-win-no-fee solicitor I might be able to turn to? If not convenient to discuss this then please ignore my question.. Thanks anyway.

Mark Alexander - Founder of Property118

16:28 PM, 24th June 2014, About 10 years ago

Reply to the comment left by "tee kkk" at "24/06/2014 - 14:37":

What is the case and what would the lawyer get if he was to win?

I am a Chairman of a barrister's chambers, not solicitors but "no-win-no-fee" cases can be considered in certain circumstances.

If you are looking for a no-win-no-fee deal on a dispute over £120 then I'm sorry but it's never going to happen because it is not commercially viable.

Dan Sawyer Cherry Picked Properties

22:15 PM, 29th June 2014, About 10 years ago

Hi I read this thread and the below (link on footer) with interest as freehold managers are claiming that the £40 ruling does not apply to my lease as it’s “notice of letting” which is needed and not consent.

The wording in the lease is..

“…to be given to the lessor notice in writing of such disposition…. And produce documents evidencing…. And to pay such reasonable fee appropriate at the time of registration in respect of any such notice.

The latest letter says BREACH OF LEASE AND A FINAL CALL TO CONTACT them before doing section 168 etc etc against us.

Grateful for any advice or pointers as they're not giving up here!


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