Good morning
I know this is a fairly common question but the wording is slightly different in the case of the leasehold flat I am buying. Essentially my question is whether I am able to take on a lodger,
"Assign transfer underlet or part with or share possession of any part of the flat (as distinct from the whole) and will not underlet or part with possession of the flat as a whole except by way of assignment or transfer without the previous consent in writing of the Lessor such consent not to be unreasonable withheld"
"Not to use the flat nor permit the same to be used for any purpose whatsoever other than as a private dwelling house in the occupation of one family only"
My understanding is that the first covenant may not be contravened by a licence agreement to a lodger as possession is not in effect being shared.
On the second covenant, could it be argued that two individuals who use common spaces, cook together etc are in effect a family unit?
Failing this is there any case law that an absolute prohibition against subletting is unfair?
Many thanks
I know this is a fairly common question but the wording is slightly different in the case of the leasehold flat I am buying. Essentially my question is whether I am able to take on a lodger,
"Assign transfer underlet or part with or share possession of any part of the flat (as distinct from the whole) and will not underlet or part with possession of the flat as a whole except by way of assignment or transfer without the previous consent in writing of the Lessor such consent not to be unreasonable withheld"
"Not to use the flat nor permit the same to be used for any purpose whatsoever other than as a private dwelling house in the occupation of one family only"
My understanding is that the first covenant may not be contravened by a licence agreement to a lodger as possession is not in effect being shared.
On the second covenant, could it be argued that two individuals who use common spaces, cook together etc are in effect a family unit?
Failing this is there any case law that an absolute prohibition against subletting is unfair?
Many thanks
Comment