OM Property Management – Sublet fees and ‘license’

OM Property Management – Sublet fees and ‘license’

10:32 AM, 26th November 2014, About 7 years ago 17

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I suspect I can here the groans already… OM Property Management - Sublet fees and license

I’ve owned a Buy To Let flat for about 10 years. During the purchase consent was given to sublet.

Over recent years I’ve been getting correspondence from OM about a License and other fees and I’ll be honest, I always ignore them as I disagree with their charges. It gets to a point and then I don’t hear any more for around a year and then they start it up again. We are currently on their 3rd reminder and they are now mentioning about contacting my lender.

When I purchased the property there was no mention about a license or constant sublet fees which is why I wont even enter into correspondence with them, and I also read on an OM specific forum some years ago not to enter into correspondence.

I just wondered if anyone had had any experience of legal action with them at all?

Thanks

Mark Lynham



Comments

by Mark Alexander

15:53 PM, 26th June 2015, About 7 years ago

Reply to the comment left by "Mark Lynham" at "24/06/2015 - 13:57":

I've had a very similar response.

The laws might change and hell might freeze over first though!
.

by Chris Britton

10:12 AM, 6th July 2015, About 7 years ago

Reply to the comment left by "Mark Lynham" at "26/11/2014 - 10:50":

Hello Mark
Can I please ask how you got on with OMPM, I have a 10 year sublet fee invoice from them too!!

Regards
Chris

by Mark Lynham

11:25 AM, 6th July 2015, About 7 years ago

Reply to the comment left by "Chris Britton" at "06/07/2015 - 10:12":

this is what i have ...

They have written saying they have placed the account ‘in dispute’…. and then,.. ‘in dispute means that whilst we will not be persuing you further regarding the breach, the matter will need to be addressed at some point in the future. This will be particularly important if you wish to sell your property, re-mortgage or gain ay consent which can be problematic whilst your account is in dispute.

by Chris Britton

11:57 AM, 6th July 2015, About 7 years ago

Reply to the comment left by "Mark Lynham" at "06/07/2015 - 11:25":

Hi Mark, many thanks for that, I cannot believe they can go back that many years!!!! I refuse to pay them, it is all more money for them.

Will let you know,

Best regards

Chris

by Chris H

23:48 PM, 2nd September 2015, About 6 years ago

I have previously received 2 demands from OM Property Management for subletting fees of £264 plus £38.40 renewal fee, i had ignored these requests and have now received a 3rd request from the new management company First Port Bespoke Property Services for £282 for a single consent to let which suggests this will be levied for each new agreement.
I have asked First Port to highlight where in my lease they have the right to expect these fees and after some delay they have responded with the following 3 clauses from the lease,

25.2 underlet the whole of the Demised Premises with the prior written consent of the Manager or its agents (such consent not be unreasonably withheld or delayed) PROVIDED ALWAYS that such under letting shall be by means or either an assured shorthold tenancy agreement or any other form of agreement which does not create any rights of tenancy for the tenant after the term of any such agreement shall have expired.

26 On the occasion of every assignment or transfer of the Demised Premises for the unexpired portion of the Term and in every under-lease which may be granted to insert a covenant by the assignee transferee or undertenant (as the case may be) directly with the Manager to observe and perform the covenants conditions and obligations on the part of the Tenant appearing in this Lease other than payment of the reserved rents in the case of an under letting or under-lease which for the avoidance of all doubt shall remain to be performed by the Tenant

27 To give written notice within twenty eight (28) days to the Manager (or its agents) of any assignment transfer mortgage charge grant or probate 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 with a certified copy of the instrument effecting any such dealing AND ALSO to pay or cause to be paid at the same time to the Manager such reasonable fee appropriate at the time of registration in respect of any such dealing PROVIDED ALWAYS that in the case of a contemporaneous transfer and mortgage the fee shall only be payable on one of such matters

Not that this is completely clear to me by any means but i am not convinced this even covers a request for payment related to subletting let alone challenging the amounts they are requesting.

I would appreciate any input from anyone and suggestions on how best to respond to their presentation of these 3 clauses as justification for the requested payment.

Many thanks in advance for any support anyone can give.

by Mark Lynham

9:03 AM, 3rd September 2015, About 6 years ago

Reply to the comment left by "Chris H" at "02/09/2015 - 23:48":

25.2 makes no mention of charge and for me thats the only relevant clause for subletting... also says it cant be unreasonably witheld......

maybe im reading it wrong...

by Chris H

1:06 AM, 4th September 2015, About 6 years ago

Thanks Mark. What you have suggested is what i was taking from the clauses, I was hoping someone would be able to confirm that they have no right under these clauses to demand fees, let alone such hefty ones. Appreciate your input.


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