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Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9004
Experience:  LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
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We are tenants of a timber chalet with a 99 year Lease which

Resolved Question:

We are tenants of a timber chalet with a 99 year Lease which we have had since 1993.

We are now wishing to sell and a query has arisen with a sub clause in the Lease which states as follows:-
3. The tenant hereby covenants with the Lessors as follows:-
[ (i) & (ii) not a problem ]

(iii) "within 21 days next after every transfer assignment or mortgage charge underlease or other devolution of his interest under this present Lease of the demised premises or any part thereof whether by express deed or by operation or implication of law to give notice in writing of such transfer assignment mortgage charge underlease or other devolution and of the same quality and place or places of abode of the Transferee or Transferees or Assignees or other person or persons in whom the said interest is thereby vested to the Lessors solicitors and to produce to them the instrument of such transfer assignment underletting or devolution and to pay to them a fee of ten pounds for the registration of such notice."
We are not sure what this sub clause means.
Our landlady, who has caused us problems throughout our ownership of the chalet, has informed the agents who are trying to sell the chalet for us that it means that :-
" A £10 registration fee to be paid per unregistered guest at the site, payable either by the guest or by the vendor".
This has never been mentioned, suggested or implemented by her to us or other chalet owners who have had friends visiting etc .
Is she correct?
Submitted: 1 year ago.
Category: UK Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

This wording is standard to all Leasehold properties and all it means is that whenever an owner sells or grants a shorter Lease to a third party/ that the new owner/occupier, normally through their Solicitor, has to serve Notice on the Landlady that they are the new owner/occupier of the Lease/chalet.

This is required so the Landlady can update her records and knows who to address all future ground rent/service charge demands to.

 

This fee is payable by the new owner and not you, so you don't have anything to worry about.

The fee of £10 is also very reasonable, in that it usually is around £50 in a lot of Leases.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 9004
Experience: LLB(HONS) Over 20 years legal experience specialising in Property law and Wills/Estates
Aston Lawyer and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Although not legally minded we had hoped that what you have stated was what we assumed the clause referred to. (doesn't sound correct--sorry)


Thus our landlady is out of order to try now after twenty years to suddenly charge guests, visitors, relatives or those viewing the chalet as possible purchasers, a £10 fee. Basically she is putting interested purchasers off.


Thank you for your reply.


 


Kind regards


 


JK

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