Letting Covenant

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    #16
    Your lease runs for 999 years and prohibits subletting for 999 years.

    However if you let under the AST agreement for one year less one day, you may claim it is independent of the lease ( provided the rental tenant is not required to pay the ground rent and service charge )

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      #17
      Originally posted by Gordon999 View Post
      However if you let under the AST agreement for one year less one day, you may claim it is independent of the lease ( provided the rental tenant is not required to pay the ground rent and service charge )
      That is a new one on me. Where does it say that?

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        #18
        Originally posted by Lawcruncher View Post

        That is a new one on me. Where does it say that?
        https://www.gov.uk/tenancy-agreement.../tenancy-types

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          #19
          Originally posted by Darcy View Post
          I can confirm that none of the 5-6 who sublet have paid any amounts so far
          So none of them have paid and none of the nasty things anticipated by Ram in post #12 have happened, so what's your concerns ?

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            #20
            Originally posted by Darcy View Post
            I’m also assuming this consent would be transferable without further charge when the flat is sold sometime in the future.
            No, not transferable.
            Consent to let depends on
            1) is the leaseholder a decent person, and is likely to ensure his sub-tenants behave.
            2) At our place, all leaseholders are asked if they have any objections to the incoming Sub-tenants
            Yes, they are all told their names, in case they are known by the leaseholders to be unsuitable.

            Permission to sublet is given to the leaseholder, and not the flat.

            Also, your stance on the £ 10,000 payment to sub-let.
            You state that even if the £ 10,000 payment to sub-let was enforceable - which it isn't, they have waived their right to enforce it upon you, as it was not demanded from the other flats, therefore they have no right to demand £ 10,000 , and you will not be paying any such demand as it is not due under the lease, and because of the waiver.

            Leave in the ( enforceable - which it isn't ), then it's up to them to prove otherwise.

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              #21
              I don't see it says it anywhere.

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