Subletting on lease

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    Subletting on lease

    Hi everyone,

    I’m hoping fo some help on a flat I’m interested in.

    I’ve read the lease in relation to subletting as I aim to rent the flat out on a AST but I’m unsure if I’m allowed or not.

    I originally read it as I could but the more I read it the more confusing it becomes!

    I’ve attached 2 photos of the section in the lease.

    Thanks in advance for any help.

    Neil.

    #2
    Sorry the photos aren’t very good here’s the text I’m concerned about.

    (p) i) That the Lessee will not assign underlet charge or part with possession of part only of the Demised Premises or pennit or suffer the same to be done (ii) That the Lessee will not at any time assign sublet or part with possession of the whole of the Demised Premises or permit or suffer the same to be donc unless (if the Lessor so requires) there shall previously have been executed at the expense of the Lessee and delivered to the Lessor for retention by him a Decd expressed to be made between the Lessor of the first part the Lessee of the second part and the person or persons to whom it is proposed to assign sublet or part with possession as aforesaid of the third part whereby the person to whom it is proposcd to assign sublet or part with possession shall have covenanted directly with the Lessor to observe and perform throughout the Ten the covenants on the part ofthe Lessee herein contained including the covenant contained in this sub- clause (and including a covenant to pay all arrears of Service Charge due and/or owing under the terms hereof whether quantified or not and whether relating to a period prior to the exccution of the Deed or otherwise) but excluding in the case of a subletting the covenant to pay the rents hereby reserved PROVIDED ALWAYS hat the Lessor shall not himsclf be required to execute such a Deed

    Comment


      #3
      You should be seeking legal advice from a solicitor. LZforum members can only give comments which may or may not be correct.

      p(i) says "the lessee cannot assign, underlet part only of the demised premises". So you could say "underlet of entire premises" is allowed.

      p(ii) says " The Lessee will not assign,sublet or part with possession unless there shall have been previously executed a deed ...........for disposal of the flat to other persons."

      The AST agreement does not give a tenant any legal right to remain beyond the date in the tenancy agreement

      I believe underlet with AST agreement for one year or less should be OK ( since Lessee does not assign sublet or part with possession ).

      Comment

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