Holiday lets and restrictive covenant

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    Holiday lets and restrictive covenant

    Hi

    I have a leasehold property let on a ST assured basis but I am considering letting on a holiday let basis. The only snag is the restrictive covenant in the lease stipulating this is not allowed.

    Is there any way around this situation?

    I can't find the lease papers at the moment, but I can certainly recall this specific clause in the document.

    Any advice would be greatly appreciated.

    Thanks

    #2
    Always rely on the covenants of the lease that you signed. Please do not aim to breach them.

    Comment


      #3
      Originally posted by Poppy View Post
      Always rely on the covenants of the lease that you signed. Please do not aim to breach them.
      Smarriott: I agree with Poppy, except that you could ask L for consent. Telling the truth is always best, like your mum says...
      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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      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).

      Comment


        #4
        Originally posted by smarriott View Post
        Hi

        The only snag is the restrictive covenant in the lease stipulating this is not allowed.
        as poppy and jeffrey say covenant in leases are there for a reason, never sign and agree to them, unless you are prepared to abide by them.
        Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

        Comment


          #5
          Originally posted by welshgold View Post
          as poppy and jeffrey say covenant in leases are there for a reason, never sign and agree to them, unless you are prepared to abide by them.
          True, but perhaps phrased a little judgementally.

          Negotiation is the ONLY "way around this situation", so if you are not successful in your negotiations you'll just have to accept it.

          Comment


            #6
            Originally posted by smarriott View Post
            Hi

            I have a leasehold property let on a ST assured basis but I am considering letting on a holiday let basis. The only snag is the restrictive covenant in the lease stipulating this is not allowed.

            Is there any way around this situation?

            I can't find the lease papers at the moment, but I can certainly recall this specific clause in the document.

            Any advice would be greatly appreciated.

            Thanks
            Another possibility (if it's a house/bungalow rather than a flat/maisonette) would be to buy the freehold reversion and thereby delete the covenant.
            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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            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).

            Comment


              #7
              Dear Smarriott,

              It would be advisable to request your landlords' consent in writing before you let the property out on a short term basis.

              Normally, landlords will agree to this without undue bother.

              Kind regards,


              CORINNE TUPLIN
              DIRECTOR
              PRO-LEAGLE
              www.proleagle.com
              CORINNE TUPLIN
              SOLICITOR
              PRO-LEAGLE
              www.proleagle.com

              ___________________
              Please note that any comments made are personal opinion and do not constitute legal advice.

              For Service Charge Disputes, you may wish to use Pro-Leagle's online Service Charge Dispute Analyser: http://www.proleagle.com/servicecharges.htm

              Comment

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