Right to Underlet

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    Right to Underlet

    I'm sure this topic has been covered on other posts, but I hope you can assist me with our specific situation.

    My partner and I own our property, which we understand cannot be let due to a clause in our lease. Due to personal circumstances, we need to rent the property or sell.

    Closer inspection of the lease suggests it may be possible, with the Lessors consent. As always, the wording is not clear, so below is the exact clause in question:

    "Not to assign underlet or part with the possession of the demised premises otherwise than by way of assignment of the whole or mortgage charge of the whole and not during the last seven years of the term hereby granted to assign the demised premises without the previous consent in writing of the the Lessors such consent not to be unreasonably withheld in the case of a respectable and responsible person but the Lessors shall not be required to consent to an assignment to a limited company ..."

    My (basic) interpretation is that we can rent the whole flat, so long as we have written consent from our Lessors. And, that they cannot refuse consent if we prove those persons are respectable and responsible.

    Have I read the clause correctly, or is there added complexity that I need to consider? Your help will be very much appreciated.

    #2
    Unfortunately you have not read the clause correctly.

    What you can do:

    Assign or mortgage the whole of the property without consent, except during the last seven years when consent must be sought for assignment but cannot be refused in the case of a respectable and responsible person.

    What you cannot do:

    Anything else including subletting the whole or any part less than the whole.

    There is, however, nothing to stop you asking if you can sublet.

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      #3
      Lawcruncher - thank you for the quick response.

      One question that comes to mind:

      What is the meaning of "Assign", in the context of what we can do?

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        #4
        Assigning your lease is part of selling.

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          #5
          Originally posted by tim_evans101 View Post
          What is the meaning of "Assign", in the context of what we can do?
          It basically means "transfer".

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            #6
            Thanks all, for your replies. Things look clear cut so I guess we have to consider other options...

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