am i allowed to sublet

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    am i allowed to sublet

    Hi there,my mum bought a 1 bedroom flat 10 yrs ago and was in a home within 6 months.I rented the property out with a estate agent,no problems as the the freeholder had the ground flat rented out too.My mym died 3 yrs ago and I now own it and now having big problems with the freeholder.I must admit we didn't really speak to the owner but i had to get police involved as she was leaving notes to my tenants.My mum bought the flat with 76 years left on it and it states in the lease.Not to underlet or pass possession only by a way of an assignment.Also it states somewherelse that if you want to put a let sign up I have to have the freeholders permission.The freeholder has now said im not allowed to sublet,can anyone advise.Clearly its not working,also the house needs a lot of repais but I don't think my flat will sell.Also can anyone tell me if I shouldn't be renting as I had to re-mortgage for my mothers care.The freehoilder has said she will be seeking l;egal advice

    #2
    You need to give us the exact clause from the lease. I also think this query should be in the long Leasehold section of the forum

    Comment


      #3
      I'm finding the quote quote on underletting confusing, and I think I need to see more of the context. Under-letting means sub-letting, so my starting position has to be that you cannot sub-let.

      Unless the re-mortgage was under a buy to let mortgage, you could end up never being able to get a mortgage again if you have sub-let. You would probably be advised to own up the lender immediately if that is the case.

      Agree about the wrong section.

      Comment


        #4
        Hi there,it just says not to underlet or pass possession of the demised premises or part thereof other than by a way of a assignment of the whole demised premises.To be honest I can understand the freeholder point of view

        Comment


          #5
          Hi,

          No expert, however I wouldn't say the above prevents you from subletting.

          Make an appointment at the following link;

          https://clients.lease-advice.org/App...reSafety=False

          Comment


            #6
            I will do thankyou.As im not sure what I intend to do with the flat I have youngsters in a year at a time but ive not notified the freeholder or signed anything.The property is in need of repair,just wanted to know what the assignment means

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