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Leasehold property question
Topic posted by Jackslot ... dated:20 February 2010
Has anyone had any problem with their leasehold property manager? We had a conservatory built five years ago with planning permission. We received a letter today from the leaseholders stating that we are in breach of our leasehold as we did not get their permission.  We must now provide copies of  plans, planning permission and photos of the conservatory.

Does anyone know how much this will cost us or should we seek a solicitor?
Re: Leasehold property question
Reply posted by Divad ... dated:04 September 2017

Alf, I know nothing about your situation or anyones in regard to these fees but to me it would seem logical that you should be told who you are paying this money to. Take nothing for granted and pressure them for what you require.
Re: Leasehold property question
Reply posted by Alf ... dated:30 August 2017

I am sure that there are many on this forum who have received a demand from Robt. Fairhurst and Son Estate Management for Freehold/Leasehold/Chief Rent/Service charge for the homes in the area. Every year I receive the same but they always fail to include the name and address of the landlord. Therefore the demand is not valid and does not need payment.

The demand is made under section 47 and 48 of the Landlord and Tenants Act 1987 which states that the demand is not valid unless they provide the requisite details. of the landlord.

I have made a number of requests of them to provide the landlord's details but they flatly refuse. I am concerned at the validity of their requests as a consequence.

Re: Leasehold property question
Reply posted by Steve ... dated:22 February 2010
That makes sense now NicNic - I too pay chief rent, although my property is Freehold. It's a token sum and is a clause in the deeds. You may want to check the deeds carefully as you may find that the chief rent is not payable after some date (mine is no longer payable so many years after the death of some descendent of George VI !!).
 
It was when you said that the fee was payable to the solicitor that confused me - given it's actually the management company that's understandable.
Re: Leasehold property question
Reply posted by NicNic ... dated:22 February 2010
Steve, I may not have explained myself very well with my previous post. We own 2 properties, one free hold and one lease hold both with the same management company. Even though one is free hold we still have to pay 'chief rent' on that (it was put in the deeds when the property was built).
My reference to the solicitor was because it states in our deeds that we have to ask permission from the management company if we extend or rent the property and this came to light when we moved house. It was the solicitor who told us that it was in the deeds. Hope that makes more sense!!
Re: Leasehold property question
Reply posted by Steve ... dated:22 February 2010
NicNic saud:
 
"We have recently moved house and our solicitor pointed out to us that if we made any changes to the outside of the property we needed their permission. We also rent our other house which is free hold and had to pay them £200 to request permission to rent it!! They really have got you all ways!!!"
 
Unless your solicitor is also your Freeholder (they shouldn't be as it's a conflict of interest), then there is no requierement for you to inform them about any changes or to pay them to make changes to rent it out.
 
They would want a fee if you ask them to represent them to arrange such permissions, but there is no obligation to use them.
Re: Leasehold property question
Reply posted by MrT ... dated:22 February 2010
You may now find they'll want to charge you a fee for "restrospective consent"
Re: Leasehold property question
Reply posted by MikeL ... dated:21 February 2010
Have a look at this site. You may wish to consider freeing yourself from the lease as I understand it you have a legal right to do so and owning the 'Freehold' is probably more beneficial in the long run, ie; when and if you come to sell the property. 
Re: Leasehold property question
Reply posted by NicNic ... dated:20 February 2010
We have recently moved house and our solicitor pointed out to us that if we made any changes to the outside of the property we needed their permission. We also rent our other house which is free hold and had to pay them £200 to request permission to rent it!! They really have got you all ways!!!
Re: Leasehold property question
Reply posted by Steak ... dated:20 February 2010
You need to check the terms of your lease "small print" some did reserve the right to seek permission and also make extra charge, the extra charge would be minimal though.
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