Request to sublet

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    Request to sublet

    I have recently applied to the freeholder to request right to sublet as required by the lease. Another flat within the block is sublet and I too have previously had agreement to sublet. The freeholder is refusing to deal with the request until certain changes have been made. They are suggesting that a deed of covenant/variation is necessary to protect all parties, they will not process the application until this has been done. Is this reasonable? I have already indicated that I will be using a letting agent as this was a stipulation of my previous sublet.
    I would be interested to hear your thoughts.

    #2
    Originally posted by star654 View Post
    The freeholder is refusing to deal with the request until certain changes have been made. They are suggesting that a deed of covenant/variation is necessary to protect all parties, they will not process the application until this has been done. Is this reasonable?
    What exactly does your lease state?

    Comment


      #3
      Thanks for getting back to me. The lease states: not to assign under let...without the consent in writing of the lessor first being obtained such consent not to be unreasonably witheld in the case of a respectable and responsible person not being an incorporated body and to pay the lessor his legal charges incurred in considering and dealing with any application as aforesaid and in giving any such consent aforesaid provided always that the lessee will not at any time during the said term assign or transfer the demised premises without the assignment or transfer containing a covenant by the assignee or transferee directly with the lessor to pay the rent and other monies hereby reserved and made payable and to observe and perform the lessees covenants and regulations and conditions herein contained and to which this demise is subject or other the regulations for the time being in force and will not grant or create or suffer to be granted any under lease or tenancy of the demised premises or otherwise part possession thereof without the under lease tenancy agreement or other instruments containing an express covenant by the under lessee sub-tenant or licensee with the lessor to perform and observe all the covenants on the lessees part and conditions herein contained except the covenants for payment of the rent and service charge and with the condition permitting re-entry by the lessor in case of any breach of any kind of the said covenants and conditions except as aforesaid.

      Comment


        #4
        The freeholder has said:
        Due to problems in the past with sub-tenants and our defective leases, in order to protect all residents, leaseholders and legal enforcement's by The company a deed of covenant of the sub-letting will now have to be instigated.
        Also a deed of variation to all leases as they are all defective in the omission of phrases that currently do not protect the Company from being able to take to task the leaseholders for the actions of their sub-tenants in more severe cases.
        From what I can see in the lease there is already wording in place to ensure tenants follow the lease.
        Regards

        Comment


          #5
          Well there are two issues

          1. The latter part of the quote refers to

          " under lease or tenancy of the demised premises or otherwise part possession thereof without the under lease tenancy agreement or other instruments containing an express covenant by the under lessee sub-tenant or licensee with the lessor to perform and observe all the covenants on the lessees part and conditions herein contained except the covenants for payment of the rent and service charge and with the condition permitting re-entry by the lessor in case of any breach of any kind of the said covenants and conditions except as aforesaid"

          which does require a covenant in the lease/licence/tenancy agreement, as opposed to a deed, with the "lessor". Without seeing the entire lease, I suspect that the author intended that the "lessor" is the person who granted to lease to you, as the reference to covenants then exclude payment of rent(ground rent) and service charge are consistent with,
          but on this post (alone) it could be read as the lessor, in this case you granting a lease or tenancy to your tenant.

          You will have to check the lease to see if the term lessor is defined to see if this can be avoided but in any event he cannot insist on a separate deed and on y that your tenancy contains wording consistent with this.

          2 he cannot make the granting of consent subject to your agreement to a deed of variation, and in that matter alone you are not compelled or required to entered into one. While it may benefit the company it almost invariably opens you to further financial liability as a leaseholder or member/shareholder of a company, and you should take advice before agreeing to anything.
          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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