I need to convince my freeholder to remove a sub-letting clause in my contract

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    I need to convince my freeholder to remove a sub-letting clause in my contract

    Hey guys,

    In May 2020 I bought a flat in London that I am currently living in. While I have no plans to let it out just yet, I would like to get the sub-letting clause removed from my contract in case I need to let it out in the future.

    The freeholder is a property management agency and I have their contact details, but I'm trying to figure out the most compelling way to ask them to remove the clause.

    Does anyone have any advice on how I might approach this? I guess they don't really benefit from removing the clause, so any suggestions for how I could frame this would be hugely appreciated.

    Thanks,
    Ryan

    #2
    If there are more than 1 flat, you would need the agreement of all the other leaseholders to change / amend the lease. You would also have to pay the legal expenses for this.

    You are better off, requesting consent to sub-lease from the freeholder.

    Comment


      #3
      Thanks for your reply.

      There's a shop below me, but that's it. They have the same freeholder as me. Do you think they would need to grant permission too?

      Out of interest, do you have any rough idea how much the legal fees might be for something like this?

      Thanks again,
      Ryan

      Comment


        #4
        Ask youself:
        'What's in it for the freeholder?'
        At the moment the answer is nothing.

        'What are the possible issues for them?' ie. Why do they have a no sub-lettings clause?
        They'd have no say in who you sublet to, it could be someone totally unsuitable.
        They don't want the possibility of Airbnb style lettings, with all he problems that could bring.
        If something happens to you they are left with your sub-tenant to deal with (and get out of their property).

        Unless you can make it worth their while, and overcome their concerns, then there is no reason for them to change their no-subletting policy.

        Comment


          #5
          Just ask them how much they want to change it ?
          there is no need for other lessees to agree, I have flats in a block where freeholder has done the opposite and introduced no subletting clauses with lease extensions.
          And they didn't ask me !

          Comment


            #6
            If you quote the subletting clause in full we can comment on how restrictive it is.

            Comment

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