Subletting on lease

  • Filter
  • Time
  • Show
Clear All
new posts

    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.


    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


      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 ).


      Latest Activity


      • Freeholder/Agent Demanding Money for Repairs
        by SSLA91
        Hi all,

        Long time lurker of this forum and recent new member. Have always found the forum incredibly helpful so thank you! Have now got an issue with our freeholder that I could use some specific advice on (have tried searching for similar posts but to no avail).

        We have recently...
        20-10-2021, 20:28 PM
      • Reply to Freeholder/Agent Demanding Money for Repairs
        by eagle2
        It makes you wonder why any freeholder should comply with s20 at all. As you say, it can wait to see if any leaseholder challenges the costs. It does not even need to explain why it did not comply with s20, the only consideration appears to be whether or not the leaseholders suffered any financial prejudice,...
        23-10-2021, 06:34 AM
      • Reply to Section 20 notice
        by Starlane
        Hi Macromia thank you as always for your helpful and sensible input.. one building is saying one thing and another building the other, the usual chinese whispers so I took the bull by the horns and spoke to everyone and I am almost there apart from a Director who wants to do their own thing ( not being...
        22-10-2021, 20:57 PM
      • Section 20 notice
        by Starlane
        Hello I would welcome input on the following:
        Two roofs feed into a valley, the valley is in need of repair, this is a shared responsibility and therefore a shared cost. so how do we issue a section 20 notice when really we need the consent and agreement from two different buildings/landlords...
        22-10-2021, 19:09 PM
      • Reply to Share of freehold questions - confused
        by Starlane
        Agree thank you...
        22-10-2021, 20:52 PM
      • Share of freehold questions - confused
        by sixunforced
        Not sure if this is the right place for this query but anyway, I'm a first time buyer and have been searching for a property for like two years now (not continuously but on and off and obv covid halted my search for a while). I found a really nice 2 bedroom flat for under £320,000 in a block of around...
        18-11-2020, 21:19 PM
      • Reply to Section 20 notice
        by Macromia
        Assuming that the two freeholders have agreed that they will work together and share the costs, they jointly agree what needs to be communicated to the leaseholders and then each freeholder writes to the leaseholders in their building.
        22-10-2021, 20:16 PM
      • Reply to Freeholder threatening to cut water off
        by Macromia
        This is possibly by far the most important consideration, in my opinion.
        If the OP's lease doesn't allow 'improvements' to be charged to service charges, the freeholder cannot require them to contribute anything towards the costs, and would therefore be something that they would have had no choice...
        22-10-2021, 20:08 PM
      • Freeholder threatening to cut water off
        by Disraeli-LLH
        I was hoping you would be able to help. We own a ground floor flat LLH(970 yrs remaining). The freeholder owns the house and lets the flat upstairs on an AST.

        The freeholder currently undertaking works including replumbing. We have been on a shared water supply and we connect through their...
        20-10-2021, 15:35 PM
      • Reply to Freeholder/Agent Demanding Money for Repairs
        by Macromia

        Although when my freeholder applied for dispensation a while back (arguing that the proposed work had to be carried out as a matter of urgency) they were granted dispensation with the First Tier Tribunal commenting that the 2013 Supreme Court Case of Daejan versus Benson meant...
        22-10-2021, 19:51 PM