 | Home > Off Topic > land lords.....and getting ripped off |
 
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| Caterham Member Since: 06 Nov 2008 Location: Birmingham Posts: 6312   
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someone once told me that defeder owners can be anything from land workers through to land owners......
I'm guessing a few of you out that own flats / apartments and then let them? I have a few but one is a constant pain in the ars* due to the management company and landlord (free holder) being robbing  *s - and from what I can tell are in bed together.
anyway rented the flat out since day one (c6 yrs previous) and no problems, however with money being tight some bright f*ck wit has decided to send letters out to everyone explaining that if they let their flat out that want copies of the contract (don't have a problem with that), want to charge each time this changes (don't have to much of a problem with that either) however they want be to buy a licence to be able to sublet (do have a problem with that) and even if the tenant remains they want be to pay a renewal (I believe each 6 months) in addition to the licence (do have a problem with this). it would appear on this basis they can charge what the f*ck they like and don't care much for that idea ! 
any thoughts what would be reasonable and what would stand up in court? there's very little in the lease other than to say they can charge something. cheecky bleeders even want to back date costs ! I told them and their representatives some time back via phone call and hence all correspondance is sent to my home address. Personally I take this as their acceptance for me to rent the flat out as per c5 years ago. 
many thanks in advance for your thoughts / advice.  |
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14th Jun 2012 7:43am |
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| K9F Member Since: 12 Nov 2009 Location: Bournemouth Posts: 9610  
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Of course the management company and the landlord are in bed together....He's paying them to manage your property....It's a win win situation as they both make money out of it....
Get together with the other owners and see if you can buy the leasehold and turn it into share of freehold. I/we did with our block. YOU then control who manages the property and what the rules are. I subsequently now rent my flat out. Read carefully the terms and conditions of your leasehold and anything else you may have signed since you purchased the property. I do not know how you stand from a legal perspective but would imagine that the goalposts cannot be moved without some form of agreement in place from the original terms and conditions you signed up for. Hope this makes sense? I knew what I was trying to get across. If you go through life with your head in the sand....all people will see is an ar5e!!
Treat every day as if it is your last....one day you will be right!! |
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14th Jun 2012 7:50am |
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| Caterham Member Since: 06 Nov 2008 Location: Birmingham Posts: 6312
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makes sense thank you.
have been trying to buy the lease etc however not easy to get everyone together to do so..... |
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14th Jun 2012 8:03am |
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| farmer giles Member Since: 09 Feb 2011 Location: worcestershire Posts: 1299 
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Caterham - i am not a lawyer so please do NOT rely on anything i say below.
first of all i would expect your tennancy agreement would have a time limit (6 month shorthold or longer as agreed). Within that time limit the landlord cannot change those agreed terms unless by mutual agreement. Obviously you have a sublet clause and that is what you have done. Your sublet agreement is between you and your tennent, but you cannot provide any better provision than your tennency agreement with your landlord. so i think everything depends on the duration of tennancy that you have with your landlord as to what can and can't be done. |
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14th Jun 2012 8:03am |
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| Caterham Member Since: 06 Nov 2008 Location: Birmingham Posts: 6312
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farmer G
many thanks for your email however I think you may have mis understood my situation (probably due to my poor description) or I've mis understood your reply. I rent the flat out and the landlord I'm referring to is the property owner (ie the freeholder who effectively owns the complete block of flats / estate) and in turn employs the management company. the short term agreement I believe you are referring to is between my and the tenant. cheers Wayne |
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14th Jun 2012 8:10am |
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| K9F Member Since: 12 Nov 2009 Location: Bournemouth Posts: 9610
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If possible write to all the other owners to get a feel for the situation. If there are other owners who rent out as you do and you do not know where they live, take the letters to the management company and ask them to forward them on. You do not need to divulge the contents of the letters. Dependant on response then go to a solicitor and make a formal approach to the landlord. The cost to be shared between the co-owners. It's a start.
In your situation I would ask in writing on what grounds and agreement are they introducing these new criteria when it comes to renting. It could possibly be something simple as new legal legislation that I myself haven't heard of yet.... Hope this helps. If you go through life with your head in the sand....all people will see is an ar5e!! Treat every day as if it is your last....one day you will be right!! |
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14th Jun 2012 8:24am |
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| Caterham Member Since: 06 Nov 2008 Location: Birmingham Posts: 6312
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thanks K9F
re your last comment I believe its a simple case of there's mention in the lease that charges are applicable and profits are low hence they've decided to take advantage of the situation. a neighbour of mine also rents a property (somewhere completely different) and they've had a similar letter from the same freeholder. |
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14th Jun 2012 8:31am |
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| farmer giles Member Since: 09 Feb 2011 Location: worcestershire Posts: 1299
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sorry, its probably my wording.
What length of agreement have you got with your landlord? |
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14th Jun 2012 8:32am |
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| K9F Member Since: 12 Nov 2009 Location: Bournemouth Posts: 9610
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Does the management company have an AGM? If so the issue may have been raised then? If not ask for one and raise it with them and the other leaseholders. Farmer G I may be wrong but as long as the Landlord holds the freehold the agreement between him and the leaseholder is 'ad infinitum' or for the term of the leasehold. If you go through life with your head in the sand....all people will see is an ar5e!!
Treat every day as if it is your last....one day you will be right!! |
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14th Jun 2012 9:17am |
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| farmer giles Member Since: 09 Feb 2011 Location: worcestershire Posts: 1299
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caterham and k9f - yes you are right.
i thought caterham was a short term tennent who had sublet his property, not purchased it where the freeholder and management company levy a ground rent/maintenance charge. as k9f says its all down to the leasehold agreement that you signed when you purchased the property; that cannot cannot be changed without mutual agreement (or statute). |
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14th Jun 2012 9:38am |
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| Caterham Member Since: 06 Nov 2008 Location: Birmingham Posts: 6312
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thank you both.
K9F - fairly sure there's no AGM. plus my original query was more about what they are charging but in particular they amounts / continual renewals which I believe are unfair and verge on what could be described as a license to print money...... don't mind paying them to update their records but to have to keep paying for them to update / renew their own paper work ? ! plus the element of back payments? can't recall but the lease says they can charge for sub letting but on that basis they could turn round and say we want to check and update our records monthly ! .....and want to charge ......let me think £100.00 .....no make that £500 pounds every quarter  |
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14th Jun 2012 9:44am |
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| farmer giles Member Since: 09 Feb 2011 Location: worcestershire Posts: 1299
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the wording for the fees usually includes the term "reasonable" in which case you can ask the company to demonstrate how the derive that level of charge.
if it is not "reasonable" then you could dispute it under the unfair terms legislation (possibly) |
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14th Jun 2012 9:50am |
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| Caterham Member Since: 06 Nov 2008 Location: Birmingham Posts: 6312
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thank you.
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14th Jun 2012 9:55am |
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| K9F Member Since: 12 Nov 2009 Location: Bournemouth Posts: 9610
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Wayne,
That is why we wanted our own share of freehold as we felt we were getting ripped off. Freehold instead of leasehold does appeal more in terms of saleability and I would never buy a leasehold property again. If 'sold right' the idea of purchasing the leasehold should be deemed viable and attractive. In our case it cost about £3,500 all in each in a block of nine flats. Good luck Buddy! Hope you get things sorted! I understand your frustrations to the letter! If you go through life with your head in the sand....all people will see is an ar5e!!
Treat every day as if it is your last....one day you will be right!! |
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14th Jun 2012 10:02am |
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