Ms K has a flat in Thornaby operated as a buy-to-let.
The freeholder sent her a letter requesting a fee of £160 to sublet the flat, stating that “consent is required from the Landlord upon every new subletting”.
The letter made no reference to any terms of the lease for the flat.
Ms K spoke to a LEASE adviser who recommended asking the freeholder to be specific about which clause in the lease they were relying on in seeking payment for this fee.
The LEASE adviser guided Ms K to the section of the lease where this could have been specified but plainly it was not. Ms K referenced this section in her letter to the freeholder.
Ms K also advised the freeholder that she had received advice from LEASE and that the adviser had seen a copy of the lease.
Within five days of receiving her letter, the freeholder replied agreeing that the lease wording was “ambiguous” and withdrew their demand for the subletting fee.
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