Letting out leasehold property - wording

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    Letting out leasehold property - wording

    Hi, can anyone tell me whether I would need permission from the freeholder to rent out my flat? She is my freeholder and I am hers (she lives underneath me) but she is difficult. I assume Lessor is the freeholder and am attaching a photo of the text in the lease. See section 8.

    #2
    There is an absolute ban on sub-letting, so any refusal by the freeholder doesn't even have to be reasonable. More precisely, the only people you can sub-let to are members of your own family.

    This ownership structure suggests you are in Tyneside.

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      #3
      Clause 8(i) is a bit of a hybrid as it covers both alienation and use. To the extent that it deals with alienation it does not prohibit subletting of the whole, but effectively rules out letting to a stranger by the restriction on use.

      Did your conveyancer point out the full effect of the clause when you bought?

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        #4
        No they didn't and most of the flats in the street are rented out. I would think they had the same lease. Oh well, looks like letting it isn't an option then!

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          #5
          Originally posted by leaseholder64 View Post
          There is an absolute ban on sub-letting, so any refusal by the freeholder doesn't even have to be reasonable. More precisely, the only people you can sub-let to are members of your own family.

          This ownership structure suggests you are in Tyneside.
          Nope, I am in west London.

          Comment


            #6
            Hi, i'm new here and wanted to ask you experts your take on the this clause in a long leasehold property i'm thinking of buying-

            (vii) Not to assign underlet or otherwise part with possession of any part of the demised premises (as opposed to the whole)

            Is this clause saying I can rent out the whole flat instead of part only?

            Comment


              #7
              Originally posted by Lizziejt View Post
              No they didn't and most of the flats in the street are rented out. I would think they had the same lease. Oh well, looks like letting it isn't an option then!
              What is the years of your lease and what ground rent are you paying to the lady in the ground floor flat ?

              You should make an investigation on other units in your street ( by the same builder ) to see how many flats are sublet and what the leaseholders did to get consent from the freeholder.

              Lawcruncher ( post #3) has said the clause 8(1) does not prevent subletting of "whole flat" which usually means permitting letting to an outside party. Perhaps the restriction on letting to members of family only applies to letting "part of the flat" ?? .

              Comment


                #8
                Originally posted by Mehmet View Post
                Hi, i'm new here and wanted to ask you experts your take on the this clause in a long leasehold property i'm thinking of buying-

                (vii) Not to assign underlet or otherwise part with possession of any part of the demised premises (as opposed to the whole)

                Is this clause saying I can rent out the whole flat instead of part only?

                If the clause reads " not to assign underlet or part with possession of the whole flat" , you would be screwed for 125 years ??

                You should consult a solicitor on whether any wording in the lease prevents " subletting of whole flat under AST agreements" .

                Comment


                  #9
                  Originally posted by Mehmet View Post
                  Hi, i'm new here
                  (vii) Not to assign underlet or otherwise part with possession of any part of the demised premises (as opposed to the whole)
                  You can LET ( renters rent ) out the whole flat.
                  But look also for "Not to assign underlet or otherwise part with possession of the whole of the demised premises"
                  Again look for " "without the consent of the lessor first being obtained, which shall not be un-reasonably refused": If it does not have this, you cant let your flat to anyone.

                  Also, best to start a new topic, as leases all vary, and answers to your inserted post could be different to the answers for original number 1 post, which would confuse some readers, and maybe give false hope to some.


                  Comment


                    #10
                    As already said, don't hijack threads.

                    The default position on leases is that sub-letting is permitted. A clause forbidding partial sub-lets, without anything else, actually reinforces that, as it indicates partial sub-lets are different from whole sub-lets.

                    (I'm not a fan of buy to letting of flats, and nor are most other owner occupiers, but there is no legal presumption against it. I think, when most leases were drafted, the assumption was that property would be rented out by previous owner occupiers, because they were working away, or unable to sell, not bought as investments.)

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                      #11
                      Apology for not starting a new topic, thanks for your help guys..

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