When is it reasonable to withhold consent to sublet?

  • Filter
  • Time
  • Show
Clear All
new posts

    When is it reasonable to withhold consent to sublet?

    Where there is a qualified restriction on subletting e.g. 'not without prior written consent, such consent not to be unreasonably withheld', when is it reasonable to withhold consent?

    If your last lot of tenants were a pain in the arse to all and sundry?


      I would say only the courts could answer that, but, I'd suggest some reasons might be:

      - tenants have refused to enter into a deed to obey the ASB covenants in the lease, and to ensure their sub-tenant do;

      - tenancy agreement gives the tenants more rights than their landlord is able to give them, under the lease;

      - tenancy agreement withholds rights that the lack of which will cause problems (e.g. no use of garage) or resentment;

      - tenants have ASB notices or criminal convictions in relation crime local to where they lived, or arson convictions anywhere;

      - any reason that would cause the building insurer to impose higher premiums;

      - HMO use where the lease says single family residence;

      - partial sub-let where the lease requires the whole to be sub-let.


        Hmmm. I posed the question with my RMC Director hat on.

        Some of my fellow Directors (all of whom reside at the development) say that they are fed up with the high turnover of occupants due to there being so many BTL leaseholders at the development. I should explain that there are 44x flats in total and only 8 of these are actually lived in by their owners. The rest of the flats are sublet by their owners. The other RMC Directors wish to reduce the number of flats that are sublet by at least half and wish to start withholding consent to sublet until they reach that magic number. Their reasons are increased insurance costs, anti-social behaviour, lack of community feel etc.

        As a BTL'er I admit to feeling a little conflicted on this one. Has anyone ever sued because they have had consent to sublet withheld?


          Its quite a normal situation for blocks of flats in the London area where flats are 20% owner occupied and 80 % are BTLs.

          It means the walls in communal hallways need to be painted every 3-4 years instead of 6-7 years .


            Originally posted by Lorimer View Post
            Their reasons are increased insurance costs, anti-social behaviour, lack of community feel etc.
            Rather similar to the reasons why landlord licensing is popular with councils, even though here you will get plenty of people here who deny the validity.

            I would say the cat is out of the bag and the block has been irrevocably lost to owner occupation. I think the only thing they could do is to use any clause about not increasing insurance to surcharge landlords for the insurance, ask to see references and reject anyone with hints of anti-social behaviour, and require tenants to directly covenant to obey the behaviour rules for the estate. Proving the uplift insurance costs may be difficult.

            I'd expect any landlord to challenge a refusal on the grounds of a 50% owner occupation policy and probably win if more specific reasons couldn't be given.

            I'd also suggest that the section 257 figure of more than 1/3rd not owner occupied probably better reflects when the sense of community will be lost.

            As a landlord, albeit in another place, you should probably be encouraging the landlords to engage more with the community, but I think you will find that the landlords have even less sense of community with each other than their tenants do, and probably have no idea who the other landlords are.


            Latest Activity


            • Enfranchisement - Help!
              Bengt Lagander
              My lease excludes S62(2) of LPA 1925 in Rights which gives a wide definition of conveyancing rights and indeed is referred to in S10(1) of LHR1967 which covers terms of conveyance of a house.

              However S10(1) also states "Except for the purpose of preserving or recognising any existing...
              23-03-2018, 08:15 AM
            • Toxic Lease
              My son purchased a leasehold flat approx 11 years ago from the developer {Mod - name removed}. He was 22 yrs old and very naive. He rents out the property and I seem to have become more involved of late. I do not believe for one minute that the lease on the flat, which doubles every 10 years, was ever...
              03-03-2018, 13:54 PM
            • Reply to Toxic Lease
              Hopping Mad
              A friend of mine has a ground rent that doubles every 10 years for the first 50 years. It started off at £250 and until it reaches £8000. He has been quoted £42K to get out of it completely or pay £32K and have £350 linked to the RPI every 10 years . He bought the flat from the original leasehold...
              22-03-2018, 22:01 PM
            • Damp & managing company issues
              Hi, I am hoping someone can point me in the right direction.

              I own a 1st floor flat in a 1960's block which I rent out. There are 15other flats in the block.

              ​​​​​​ About 4months ago the tenants complained about damp in the bathroom. The managing agents sent their...
              22-03-2018, 12:18 PM
            • Reply to Damp & managing company issues
              I think an infra red camera might find the leak.
              22-03-2018, 19:30 PM
            • Reply to Damp & managing company issues
              I am trying to visualise it. Usually it would be easy enough to tell if it is from above, from below, from condensation. Things going on inside the wall can be harder.
              22-03-2018, 19:26 PM
            • Reply to Damp & managing company issues
              To be frank, I haven't pushed the right of access. The neighbour says he hadn't got a problem and doesn't want his bathroom dismantled.

              I will check the conditions of the lease, but I'm more disgruntled that im having to spend thousands on something that is being caused from outside the...
              22-03-2018, 14:27 PM
            • Reply to Damp & managing company issues
              To be sure, one would need to see your lease, and, if materially different, that of the other flat.

              However, I find it strange that the lease does not provide a right of access to the other flat. Enforcing the right may be more difficult, and will probably require a court injunction.
              22-03-2018, 12:55 PM
            • Reply to Toxic Lease
              Thank you for your responses and I do have some further questions (sorry).

              1 I did contact Sebastian at Leasehold Knowledge and he pointed out that we have a case to sue the solicitor. Further research - solicitors practice closed by Solicitors Regulation authority in 2015 because of fraud....
              22-03-2018, 11:37 AM
            • Leasehold Extension: Obligation to extend has lapsed?
              Hello all,

              Background: I have a share in the freehold-owning company for the converted building in which I and a couple of other leaseholders reside. Essentially, it falls to me to run things. The only leaseholder who is does not own a share of the company applied for a lease extension...
              20-03-2018, 13:24 PM