Does this clause mean I can't sublet?

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    Does this clause mean I can't sublet?

    Hi there,

    1989 lease on a flat I'm contemplating bidding on at auction.

    In one clause, the lease says the lessee is:

    "Not to assign transfer sub-let or part with the possession of part only of the premises as distinguished from the entirety thereof" which makes me think I can let the flat to tenants as long as I rent the whole thing out.

    But then in another clause (the fourth schedule) it says:

    "Not to use the premises nor permit the same to be used for any trade business or profession nor shall any boarders or lodgers be taken in the Flat but the Lessee shall use the same for the purposes of a single self-contained private residential dwelling in the occupation of one family or household only"

    which makes me think I can't rent it at all. Or is it just saying I can rent it out, but only to a single family (i.e. not to 2 unrelated lodgers)

    If anyone has experience with these particular clauses I'd love to know.

    Thanks!

    #2
    You cannot take lodgers or boarders which are the same as lodgers but with a meal provided. You can let but not to sharers only a family.

    I think the lodger clause might not be enforceable as may constitute an unfair term under the CRA 2015.

    Comment


      #3
      Thanks, John. I appreciate you getting back and answering this question. Interesting to know about the CRA 2015-I haven't heard of that.

      Comment


        #4
        IMO you cannot use the Property for any of your suggestions, but may take in 1 or 2 lodgers whilst living in the Property.

        Comment


          #5
          Neither of the clauses you quote prevent sub-letting as a whole so long as the use is residential and the flat is occupied only by a single family or household.

          Comment


            #6
            The words assign, transfer and sub-let mean the same thing; hence according to that wording it seems to imply you cannot assign or sub-let part of the property nor take in any non-family persons to live with you as lodgers or borders.

            Comment


              #7
              The below means that you can't sell or lease PART of the flat. For example, grant a tenancy of a bedroom, or split the flat into multiple ownerships.
              "Not to assign transfer sub-let or part with the possession of part only of the premises as distinguished from the entirety thereof"


              The below does not mean that you can't rent the property. It means that you can't use the flat as a place of conducting business.
              "Not to use the premises nor permit the same to be used for any trade business or profession nor shall any boarders or lodgers be taken in the Flat but the Lessee shall use the same for the purposes of a single self-contained private residential dwelling in the occupation of one family or household only"

              Comment

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