Not at anytime during the last seven years of the Lease...

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    Not at anytime during the last seven years of the Lease...

    Hi, Just looking at my lease and it says I can't underlet during the last seven years of my leasehold but then goes on to mention for the remainder of the term of the leasehold. Does anyone know if this means the remainder after the seven years begins?

    We have a share of freehold and my neighbour thinks I can't sublet. P.S no other clauses mention underletting apart from the updated lease which references this document and says the lease prohibits or restricts alienation.For me this looks like the only restriction mentioned. Any help would be really appreciated, Thank you!

    Screen Shot 2019-01-06 at 00.51.04.png

    #2
    The clause that you mention, and have included in your attachment, does refer only to the term remaining in the last 7 years of the lease.
    I believe that clauses like this are meant to ensure that there are no existing tenants in occupation at the end of the lease that might prevent the freeholder from taking possession of the property.

    Whether you can sublet the property before the last 7 years, and whether any restrictions apply, will be dependent on the remaining clauses in your lease - but personally I would think that the clause that you have already quoted would be completely redundant if subletting was not allowed at any time during the lease.

    Note: the last 7 year clause doesn't even prohibit subletting, it just requires that you get a licence from the freeholder first.

    Comment


      #3
      If you have a lease starting with 99 years term , the last 7 years in the lease means in year92 - year 99 counting from the commencement date.

      The freehold title is owned by your company and as a member of the company, you can make a proposal at a meeting of the company to change any terms in the lease.

      Comment


        #4
        Thank you both so much for the clear and useful answers. Have a great 2019!

        Comment


          #5
          The clause quoted does not prohibit subletting before the start of the last 7 years.

          Comment

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