New lease

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    New lease

    Hi all

    I am currently in the middle of extending the lease on a property I let out

    it has been let now for 5 years and in the old lease, there is no mention of needing permission from the freeholder to let out, although they are aware that it is let

    I have received a draft of the new lease and they want to add a clause that states I would need permission to let out

    would I now have to get permission to let, or does the fact it's been let under the old lease supersede the new lease ?

    I have gone back to my solicitors to get them to check but thought I would check on here

    thanks

    #2
    I suspect you'll be okay for your existing tenants, but any new ones would require consent. I would not let them slip that little clause in IIWY. Is there any history of conflict between your tenants and neighbours that might explain it? Otherwise, it's just a sneaky little money making scheme.

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      #3
      Thank you for the reply

      No conflict, they actually get on well

      can I argue for that clause to be removed from the lease then ?

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        #4
        Originally posted by Cafcbrown View Post

        can I argue for that clause to be removed from the lease then ?
        Of course. Everything is negotiable.

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          #5
          From the other side of the fence, knowing what I know now, I would insist on such a clause, or alternatively one requiring the sub-tenants to make a deed with the freeholder to obey the covenants relating to behaviour.

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            #6
            IMO that Clause can only apply to TA/AST/SPT arising after service.
            No where is it suggested that consent requires a financial payment.

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              #7
              Originally posted by mariner View Post
              No where is it suggested that consent requires a financial payment.
              Nearly always does though, doesn't it?

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                #8
                Are the premises commercial?

                Do you occupy any part of the premises?

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