I own a leasehold flat.
In December 2014 I let out the flat under a 6 month AST, reverting to a rolling 1 month contract thereafter. Prior to the tenants moving in, I requested permission from the then freeholder to sublet, and permission was granted, in writing, with no fee. The same tenants are still living in the flat, under the same contract.
A new freeholder took over towards the end of 2015.
In 2017 the new freeholder wrote to me requesting:
- A filled out 'Sublet Application' form, including the property details and tenants details
- A fee of £140
They've since offered a lower fee of £80, and then most recently requested a fee of £48 for a sublet renewal fee (i.e., a different request).
Regarding underletting, the lease says:
Not to underlet the whole of the Apartment except upon terms that the undertenant is liable to pay a rent not less than the aggregate of the rents reserved by this lease and the Tenant's Share of the Expenses and to give notice of such underletting to the Landlord and to pay their fee (being not less than £60 plus VAT).
Questions
- Is the new freeholder entitled to ask for a fee? If so, what fee, and with what frequency must it be paid?
- What does 'to give notice' actually mean? Is the freeholder actually entitled to ask me to fill out forms, giving information such as tenant details? Am I even legally permitted to give them tenant details?
If you know the answers, please let me know how you know (e.g., which legislation your knowledge is based on). This is really important.
Any other help would be appreciated.
