Lease says no sublet but solicitor says will ask consent

[Sam14]

This was in the lease of the flat we are about to buy for letting.
My question is has anyone had experience of this wording and have you asked for consent and what has been your experience?

7a That the lessee will not during the term hereby granted assign sub-let or part with the possession of the whole or any part or parts of the demised premises EXCEPT that this covenant shall not prevent the assignment of the whole of the demised premises to an assignee who has applied to become a member of of the management company nor shall this covenant prevent the lessee from mortgaging or charging the whole of the demised premises and

B That the lessee will procure that such assignee if so required by the lessor or the management company shall at his own expense enter into a direct covenant with the lessor and the management company and each of them to perform the covenants on the part of the lessee contained in the lease including this present covenant.

[JK0]

I'd stay away. If the place is a bargain, guess what, that's the reason.

Even if you get permission, what's to stop a future management rescinding it? Then you'd have to sell up.

[andybenw]

There was a discussion about this in the long leasehokd section a while ago. Apparantly it is reasonably easy for the freeholder to issue a deed of covenant. Message Lawcruncher or Ram who were the main protaganists in the thread. Personally I would have reservations unless there are a substantial amount of flats in the block already let.

[ram]

It is usual that if there is an out and out ban on subletting, then you can't sublet.
It is not an unfair term. It's to protect the property, leaseholders and area.

The Freeholder "May" relent and give permission to sub-let, but for your flat only, and only for as long as you are good boys and girls.
Any infraction would see the authorisation recinded, removed etc.

Each new sub-letting requires permission as well, and could be recinded at any time, for any reason, so as to conform to the "Spirit"of the lease.

The deed of covenant ( just simple typed, no solicitor needed ) was for the sub-tenant to observe the head lease ( your lease ) and the regulations of the freeholder ( usualy a page on its own ) should you be allowed to sublet.

but looks like you cannot sublet.
Do not buy on the fact that the agent "says" they see no problem in sub-letting. You want it in writing from the freeholder.
But the freeholder does not know you, never seen you, has no indication if you would be good leaseholders and ensure you "police" your sub-tenants, so in that guise, freeholder would probably say no, you are complete strangers, we can't authorise anything till we know how you perform.

They also may say, "but you do not own the property, so we cannot give authorisation ( if authorisation was possible ) to complete strangers who don't own the property to start with.
Buy the property and lets see if you are good first"

It's easier just to say no, no sub-letting. and the freeholder does not have to answer your questions, and often, agents will just make up the rules, to gain a sale ( in my opinion )

[Logical.Lean]

I looked at a flat that had a no subletting clause, and was told that a) "half" the flats were sub let, but b) because of the clause, it would not be possible to get a buy to let mortgage, so I concluded that c) those sublet were either cash purchases, or d) involved some sort of mortgage fraud.

I didn't make an offer.

[Sam14]

The lease agreement said no sublet but the freehold pack said to get permission from freeholder. The solicitor is in the process of getting consent from the freeholder.
I don't know what to think

[ram]

The freeholder is entitled to state you cannot sub-let, which of course is what he has to do to conform to the lease.
The lease is a legal document.

The freeholder can if he wishes, waive that covenant in the lease, but just for you, and only for the first named sub-tenant ( all other lettings need permission as well ).
There may be other flats in the building that are sub-let, but you will never know if the freeholder is just not bothered, and does not enforce the lease, or he has waived the lease just for those flats.

All you can do is get it in writing that you Mr X, are authorised to let the flat, Flat number x, should you eventualy procure the lease on that flat.
Not until you get it in writing from the freeholder that you can sub-let the flat should you proceed with the purchace.

Permission to sub-let can be retracted / removed at any time, and you have no comeback, as the lease states you cannot sub-let.

Good luck.