Leasehold Sublet

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

    Leasehold Sublet

    IMG_20190423_230243.jpg Hi
    I have a 2 bed leasehold flat which I now want to rent out and am checking the lease doc to see if any restrictions.
    Attached are paragraphs which I think may be relevant and would appreciate your view please.

    In para (g) it says not to underlet of PART only of the flat. Does that mean I can let the whole flat?

    Also in section 5 it says that no signs can be put outside other then for sale or TO LET!?

    Thank you kindly in advance.
    Attached Files

    #2
    You can let the whole property but would not be allowed to let only part of it.

    Comment


      #3
      Thank you for your prompt reply.
      I have just found one more para which mentions that flat is to be used as a private residence. Does your first answer still apply?
      Thank you kindly
      Attached Files

      Comment


        #4
        Being a private residence just further restricts the sort of sub-let, e.g. definitely excludes AirBNB These are all very standard terms.

        Comment


          #5
          The one family restriction, means you cannot use it for sharers, and probably requires you to have a no lodgers clause.

          Comment


            #6
            Thank you very much INDEED!! 🙏🙏🙏🙏

            Comment


              #7
              Hi
              I have now let the flat and tenant moved on 15 June. He offered to pay the whole June as he wanted to secure the flat.

              Upon completion all the checks and certificate were issued for gas etc. Vendor reported everything in working order, w machine, fridge frizer, cooker etc.

              inventory was completed too.

              Then, on his first night tenant was trying to activate the boiler after which he smelled the gas. He called the agent to report gas leak! I called the guys who did all maintenance just 2 weeks before to go check and send me report. Still no report but apparently gas was fixed.

              Then...the f/frizer could not cold up. Agent called engineer who advised that f/f died, apparently because it was switched off for nearly 2 months and main supplies too....

              We got him a new f/f!!!!

              Then .....today...he reported w machine broke!

              We ordered a new machine and he wants the old one out in 5 min!!!

              He is now asking for compensation! Because he couldn't use heating and hot water for 2 days and fridge for 10 days!!!

              Am I responsible to give him any compensation and how is that calculated??

              He seems to be a drama queen who can't even change a light bulb!!!

              He asked the agent to get him a new sink plug!!!!

              And if he continues being a pain, how can I give him a notice, what reason should I use?

              Many thanks

              Comment


                #8
                Welcome to the world of letting, you will find that tenants do want everything to work and everything to be done for them. You are lucky that he did not say that he could not remain in the flat and that he wanted you to pay for him to stay in a hotel. He is trying to avoid paying rent for the days when he did not have the use of heating, hot water and a fridge. You seem to be using a letting agent, so let them deal with it. Assuming that you let for a minimum of 6 months, you cannot change your mind during that period and if you do not wish to allow the tenancy agreement to continue beyond the 6 months, you should give him at least 2 months notice.

                Comment


                  #9
                  Thank you for your email.
                  I must be the best tenant in the world then! I rent a house and been here for 15 years now and all I ever asked was a new washing machine and boiler had to be replaced when broke.

                  Yes agent is dealing with him. So is there any protection for us landlords? Or tenants rule?

                  Many thanks

                  Comment


                    #10
                    The protection for landlords in this case is that the courts will require compensation to be reasonable and the tenant to mitigate their losses.

                    You only have to pay compensation if it took an unreasonable amount of time to address the problems, and the two days for heating is certainly not unreasonable

                    The compensation is only the the minimum amount of extra expenditure, so would not amount to other accommodation.

                    As a landlord,you are operating a people oriented business and you have to expect to get awkward customers and be stuck in contracts with them. That's why the gross return is so much more than savings accounts.

                    Social landlords set repair times as part of their tenancy terms. Maybe small landlords should do the same.

                    Comment


                      #11
                      Don't expect your tenant to remain for that long. The question of heating depends on the weather at the time, obviously deepest winter with snow on the ground is entirely different to a heatwave in the summer. I recommend that you check carefully the references and information supplied by a tenant when he applies to rent your property. It is better to leave your property empty until you find a good tenant.

                      Comment


                        #12
                        Thank you both for your reply.

                        Yes, he didn't need heating, only hot water and gas for cooking and it was attended to immediately.

                        Is there a formula for calculating those compensations?

                        And the fridge broke because previous vendor probably switched off the main supplies....

                        The agent has checked rigour references. The guy is a senior doctor consultant in Reading hospital....

                        The contract is for one year.

                        The agent is offering to give back half of one month rent. I think that's unreasonable for 2 days of no cooking and washing and 10 day of no fridge?

                        Many thanks

                        Comment


                          #13
                          There isn't going to be any compensation due for the heating, as 2 days is a very good time to repair.

                          How much of the end days for the fridge are attributable to you. Unless it is most of them, they probably have no claim for that either, but otherwise, you would need to try and work out how much extra a reasonable person would need to spend to remain healthy whilst not keeping anything perishable.

                          Leaving the power off for an extended period should not damage a fridge. It may even be beneficial as it allows a more thorough defrosting. If it failed to restart, it was probably already on its last legs and wouldn't have survived a defrosting.

                          Comment


                            #14
                            Did you see the references and confirmation of the tenant's income? You should not assume that the agent has obtained and checked them. The agent is supposed to be acting on your behalf and it is easy for the agent to be generous when it is not its money that it is offering. There is no formula as such, it is just a matter of being reasonable. You seem to have acted quickly and the tenant has benefitted by having the use of new equipment which was not envisaged when you agreed the rent. Unless the tenant can prove he has incurred additional expense, I would not offer anything.

                            Comment


                              #15
                              Hi

                              What does this mean: "How much of the end days for the fridge are attributable to you."?

                              Then it may be reasonable to pay for his ready meals he had to eat for 2 days, no shower for 2 days and any groceries that went off because of fridge.

                              It seems everything very very strange. As if he has cursed hands, everything he touches brakes!

                              And everything was working when I bought the flat and in the report vendor signed that all appliances were in good condition and maybe 5 years old.

                              Many thanks

                              Comment

                              Latest Activity

                              Collapse

                              • Communal area harassment
                                Stacker
                                We have a small communal area which is basically an entry and exit point to the flats. One flat owner on the second floor has decided to put lots of plants out in this area and has taken to sitting on the communal stairs daily to drink coffee and let their cat out to roam and have coffee, smoking chats...
                                24-08-2019, 12:16 PM
                              • Reply to Communal area harassment
                                Stacker
                                Good film thanks for that! The wheelie bin is directly under my window!...
                                24-08-2019, 15:08 PM
                              • Reply to Communal area harassment
                                leaseholder64
                                This is an example of why you don't want a bin outside your window: https://www.youtube.com/watch?v=_RDKLNJwvbs
                                24-08-2019, 14:39 PM
                              • Reply to Communal area harassment
                                leaseholder64
                                I would be more concerned about the bins. If this area is reached before a final place of safety, I'm not sure how they got past the fire risk assessment. Similarly if they are under your window.
                                24-08-2019, 14:31 PM
                              • Tenant would like her friend to park in her car park
                                surreygirl
                                My tenant, a very lovely lady I may add and a great tenant. She does not have a car but her friend of hers who does have one would like to use the car park. I myself do not mind, but I wonder if it would or could upset the Leaseholders of the other flat.

                                It doesnt say anything about it...
                                22-08-2019, 11:59 AM
                              • Reply to Tenant would like her friend to park in her car park
                                surreygirl
                                well that clarifies it for me. Thanks.

                                Yes, I do not want the person who is parking there that they have any rights over it and could possibly, for example, say to someone else that he or she is not using the car parking space so you can use it today etc. or if the car parking space has...
                                24-08-2019, 14:23 PM
                              • Significant Penetrating Damp
                                scot22
                                I have searched for criteria to decide if a dwelling is uninhabitable. As well as the obvious, it includes significant penetrating damp. As always, difficult to define significant. I would welcome any views on how much would make somewhere uninhabitable. Any case law would be particularly value...
                                24-08-2019, 09:27 AM
                              • Reply to Significant Penetrating Damp
                                scot22
                                Thanks everyone. I agree Andrew, it is impossible to answer with limited information. The inhabitant has a unique way of looking at things !
                                I agree about the need for professional opinion. His surveyor and two Company surveyors have inspected the damp issue. None of them commented, or implied,...
                                24-08-2019, 14:01 PM
                              • Reply to Communal area harassment
                                Stacker
                                Naughty!! This is the communal area and its for everyone to use...but not as an extension of their flat...and certainly not for them to stand there staring back at me through the windows...and no not paranoid!...who stares at people if they are in their own flat window and then shouting at them from...
                                24-08-2019, 13:34 PM
                              • Reply to Communal area harassment
                                JK0
                                Any time my neighbours' things encroached on my flat, they mysteriously disappeared into my dustbin at 3am just before the dustmen came. (I can't imagine how that happened.)
                                24-08-2019, 13:25 PM
                              Working...
                              X