Service charge arrears and subletting

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    Service charge arrears and subletting

    Is there any way of preventing long leaseholders who are in arrears with their service charges from subletting their flats ?

    Depends whether you need your FH's consent to sublet. They might reasonably withhold that consent if you are in arrears.

    Read your lease about subletting and see what consents (if any) are required.


      To expand:
      A lease might restrict sub-lettings in one of three ways (below). If it doesn't, L can't.

      1. "Not to sublet".
      2. "Not to sublet without L's consent"
      3. "Not to sublet without L's consent (such consent not to be unreasonably withheld or delayed)".

      1 is absolute. L has total freedom to enforce or waive as it wants.
      2 is qualified. LTA 1927 s.19 may turn it into 3 by operation of law.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).


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