Leasehold Wording for Subletting

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    #16
    I made the point earlier in my usual obscure manner. I'll be blunt, you are over complicating it.

    The lease needs to be read as on balance we have seen a few lines an its likely not understood. Thats not a criticism reading leases is not something for the experienced and untrained.

    leasehold have their own logic. See my PM the sooner it arrives the sooner I can comment.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #17
      You are best advised to send LHA a copy of your lease. You may have missed something and there may be better ways of dealing with the problem(s) caused by the other leaseholder and their tenants.

      Originally posted by Tom Roughan View Post
      Sorry to return to this, and we must get a formal legal opinion, but so far it sounds like there is a precedent case, and my argument would be that one could interpret the document as containing an absolute prohibition on subletting part, but that subletting the whole can be 'permitted'....presumably by the Freeholder (see earlier post with exact wording, would welcome clarification on this).
      If you are relying on the Field v Barkworth case then what you would take from that is that it is impossible to sublet the whole of the flat without also subletting part, which you would claim is not allowed. However in your case the tenant might argue that there are significant differences to the Field v Barkworth case and subletting of the whole must be allowed otherwise why would underletting require registration? They could also claim that, anyway the covenant has been waived on grounds of estoppel by acquiescence.

      When a lease stipulates that a leaseholder can sublet with the LL's permission, permission cannot be withheld unreasonably. Even if this was the case with your lease (which it doesn't look like) it is unlikely you could use the behaviour of a previous tenant as a reason to withhold permission.

      The biggest weapon in your armoury is the threat of forfeiture and your ability to pass legal costs on to the leaseholder (probably - you will need to check your lease). If the other leaseholder is in breach of any covenant of the lease you may be able to use this as leverage to get them to do what you want. If a new tenant causes a nuisance, this will most likely (again you need to check the lease) put the other leaseholder in breach of their lease and you could tell them to evict their tenant.

      Or, even if you're not 100% confident of the fact, you could just tell them that the lease prohibits subletting. Threaten forfeiture if they sublet, but as LL (and only other leaseholder) you may temporarily be willing to waive that restriction on the following conditions...
      I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

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        #18
        Thank you both again.

        I can't PM as I'm new but I'm warming up the scanner for LHA.

        Cheers

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          #19
          LHA I can't PM a reply to your last. You should have something at other address.

          Cheers

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            #20
            The only restriction is on assignment underletting and subletting part. There is no restriction on the whole, save that notice has to be given.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment

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