Can I rent out my leasehold flat?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    Comment


      #3
      thank you for your reply

      Comment

      Latest Activity

      Collapse

      • Can I rent out my leasehold flat?
        bonnyb1
        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...
        11-10-2018, 16:35 PM
      • Reply to Can I rent out my leasehold flat?
        bonnyb1
        thank you for your reply
        12-10-2018, 11:50 AM
      • estate agents phone system query
        HP mum
        Very bizarre question here.
        I normally withhold my mobile number - especially when calling estate agents as I don't want them constantly then hounding me.
        That was exactly the case when I rang one estate agent recently - the one that we all love to hate!
        Yet, the receptionist said...
        02-10-2018, 13:37 PM
      • Reply to estate agents phone system query
        HP mum
        A receptionist would not know the sound of my voice nor would they have any 'normal' way of knowing who I am. My mobile contract allows me to withhold my number. Their system clearly has had something done to it!! Interesting?
        12-10-2018, 11:30 AM
      • Reply to Can I rent out my leasehold flat?
        leaseholder64
        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...
        11-10-2018, 17:46 PM
      • Fees
        Dino
        Would I be charged a fee if I cancel a letting agent contract before they find me a tennant, For viewings and advertising the property?

        The contract was signed online and states I have 14 days to cancel.
        Thanks
        Dino...
        11-10-2018, 10:02 AM
      • Reply to Fees
        jpkeates
        It depends what the terms of the contract are.
        If they've done some work for you, they're likely to want to be paid something.
        11-10-2018, 13:20 PM
      • How long is a contract valid?
        37eeyore
        I rent out two properties and use the same agent for both. I started renting property A in 2010 and am on the third set of tenants. The current tenants have been in there for five years. Property B has only had one set of tenants who have been in for four years. The tenants in property B were due to...
        10-10-2018, 13:16 PM
      • Reply to How long is a contract valid?
        37eeyore
        I had looked at the contract again and came to the same conclusion. I don't think it would cover property B but that doesn't really matter now.

        Part 4 of the termination clause seems to say that even if I cancel, I still have to pay if the tenant stays in the property.

        The...
        11-10-2018, 10:02 AM
      • Reply to How long is a contract valid?
        jpkeates
        As a general principle, an agent is not allowed to make money from their principle's assets or property.
        The interest or commission would automatically be the principles.
        Whether or not it's a pain doesn't change that (the sensible thing to do would be to keep the money in a non-interest...
        11-10-2018, 09:48 AM
      Working...
      X