Does lease trump Section 106 agreement?

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    Does lease trump Section 106 agreement?

    Hi all,

    I own a 999-year lease on a flat. According to the lease I am allowed to rent out the flat.

    To be more specific, the lease states that I many not rent out the flat apart from as an assured shorthold tenancy.

    The section 106 agreement for the block, o the other hand, states that the flat must be owner-occupied.

    Which one takes precedence?

    (I have lived in the flat for 20 years but would like to let it out in the short term, for a year or so, before returning.)



    #2
    I suspect that the section 160 agreement would take precedence (and apparently can be enforced against leaseholders).
    It is likely that the developers used a standard lease and didn't think to alter it to take into account the planning restrictions on subletting.

    Whether the local authority would seek to enforce the restriction is another matter.

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      #3
      Thanks Macromia.

      Comment


        #4
        999 year lease & can only use AST,. And when AST is replaced by the next cunning government plan.....
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          999 year lease & can only use AST,. And when AST is replaced by the next cunning government plan.....
          Yes, although it may be that even letting the property as a AST may not be possible, despite what the lease says, if the local authority decide that the terms of the original planning agreement don't allow any subletting and should still be enforced.

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