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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7477
Experience:  BA (Hons), PgDip, Practising Solicitor
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My mother who is now in a nursing home needs to let out the

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My mother who is now in a nursing home needs to let out the leasehold flat that she owns. What fee is the leaseholder entitled to levy from the property owner in UK law?
Hi,

What does the lease say on the one off fee?

What does the lease say on the 1% rent payment?

Tom
Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom
Customer: replied 4 years ago.

Hi Tom,


I have included excerpts of the lease agreement followed by a scan of a recent letter from the leaseholder.


 



 



 


Recent letter


 



 


 


Hi,

I will answer in about an hour, on my phone now.

Tom
Hi

Thanks for your patience.

I have had a look at the provisions of the lease and the clauses do empower them to charge a transfer fee of £85 (which is in line with the OFT guidance as they say ) and also the contingency fee that they refer to (which would be one month’s rent in line with OFT’s guidance).

Your main grounds to refuse to pay would be on the basis of if the lease did not give the landlord the right to charge such fees, because it does you are pretty much stuffed from paying this amount unless you can appeal to their sense of fairness given your mother’s unfortunate care circumstances. However, they would be under no obligation to reconsider charging in these circumstances.

It’s one of the drawbacks of owning a leasehold property if the lease if drafted in favour of the landlord (which it is), along with the regulations of the management company and the service charges levied. It’s always turned me off leasehold properties in big blocks personally.

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Kind regards

Tom
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