Elmdon’s consent to let charge

3 responses to “Elmdon’s consent to let charge”

  1. Jenny Yau says:

    Hi – replying on behalf of my Mum. We just purchased 407 in the Summer and received the letter from Elmdon – we thought it was linked to our purchase but just coincidental timing it seems. It’s not applicable to us at the moment but for what it’s worth, our understanding of clause 5-14.3 on subletting is that only subletting part (e.g. one bedroom) is prohibited and in the case of subletting an entire flat, the freeholder’s consent is not required – just the £50+VAT to freeholder’s solicitor. We are still awaiting a final confirmation from freeholder for our purchase but so far, we’ve not seen any amendments to the original lease dated 2009. Thanks, Paula

  2. admin NB says:

    We too (Sally and I) received the letter. We are trying to recall what happened last time (we think back) in 2013. I think a joint reply is a very good idea and I will also be contacting the fellow directors of this Management Company to see if we can help coordinate. As has been suggested in some of the emails I have seen, it raises again the whole possibility of lessees of trying to use the law to force a sale of the freehold. This was tried once before but we didn’t quite get enough lessees on board to make it happen. Please do post any info and thoughts you have (even if previously shared by email) and we will try to add summaries of what we have discovered in due course to this discussion. Nigel Billen

  3. Andrew Myer says:

    Hi all – and thanks for setting this discussion up, Nigel

    We (Jo and I, flat 310) have indeed received this letter and will be contesting it. What we said to Elmdon back in 2013 (and they never refuted) was that our reading of the lease found no requirement for us to need the freeholder’s approval for sub-letting, so there was no validity to their claim for a consent fee. We recognise the requirement to pay a registration fee for each new sub-lease but the lease tells us to pay that to Elmdon’s solicitors, not to Elmdon themselves, and so we have done this. As far as I’m concerned, this is another try-on by Elmdon – though if anyone knows of any changes to our situation which might make a consent fee now payable, I’d be grateful to hear about it before responding.

    I’m not sure if trying a scam every five years counts as sufficient harassment to actually take them to a Tribunal but if people are interested we could possibly at least look into a joint response rather than several individual ones?

    All the best

    Andrew

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