Can I rent out my leasehold flat?

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    Can I rent out my leasehold flat?

    Hello,

    I am having lots of problems in extending a lease on my flat at the moment (66 years left) so thinking of renting it out for a year while I go through the section 42/tribunal route but not sure if I am allowed.

    I am going to to put some of the wording I have found within the lease here in the hope someone will be kind enough to offer me their opinion on whether it means I have to ask the management company or not, or whether indeed I can rent it out at all?

    1) To use and occupy the flat solely and exclusively as a self contained residential flat in a single family occupation only
    2) the lessee shall not at any time during the term hereby granted divide the possession of the flat by an assignment or underletting or parting with possession of part only and not during the last 7 years of the term hereby granted without the previous consent of the Lessor (such consent not to be unreasonably witheld) assign underlet or part with the possession of the flat (as a whole) and not at any time during the said term sublet the flat at a rent which shall be less than the rent hereby reserved exclusive of all outgoings and the service charge covenants to be paid under sub-clause () hereof without the written consent of the Lessor first obtained
    3) that he has not granted and will not hereafter grant a lease or tenancy (other than a furnished letting for a term of not more than one year) of the other flat in the building except to a lessee who has entered or will enter into similar covenant restrictions.......[....]

    (now I have written out point 3 I'm not sure if 'I' am 'he' or if in fact that is the Lessor).

    It's all so ambiguous if you are not legally trained! My head is swimming. The management company/Freeholders are absolute sharks and would seize upon any opportunity to come down on us while we are negotiating the lease extension so I don't want to give them any scope to do that.

    Any advice would be very much appreciated.

    #2
    Clause (3) is confusing, as seems to be a covenant by the lessor in a part of the lease defining a lessee's covenant.

    Providing the rent is high enough (which it will be unless the rest of the lease is weird), you can sub-let to a single family, for the next 59 years. After that, you will need to seek permission.

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      #3
      thank you for your reply

      Comment

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