Consent to let (again!)

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    Consent to let (again!)

    I would really like some opinions on this. Here is a term in my lease of a property that I have the long leasehold on:

    "Not at any time during the said term separately to assign transfer or part with occupation of any part of parts of the demised premises but only to assign transfer or part with the possession thereof as a whole and not so to assign transfer or part with the possession or occupation of the demised premises during the last seven years of the 'said term' without the prior written consent of the Lessor or its agents (not to be unreasonably withheld)"

    I'm not sure how to interpret the above. Do I need consent to let from the Freeholder? I am renting out the unit as a whole, not part or parts and I am not in last seven years of the said term, assuming this refers to the lease term, which is about 100 years. Also I continue to pay the service charge and ground rent (and all bills and taxes). So the only section I think I should be interested in is 'but only to assign transfer or part with the possession thereof as a whole...' and without punctuation it is unclear whether "...without the prior written consent of the Lessor or its agents (not to be unreasonably withheld)" refers to the section in bold or just the first part. I will assume it does but would also like your views on that. Some thoughts:

    1. There is no mention of underletting or subletting (which I have seen in other similar covenants) - so is this term actually saying: if you want to sell the property (and therefore assign/transfer/part with possession), you have to get the freeholders consent (imagine they will want to be certain that the assignee can pay the service charge/ground rent), which they cannot unreasonably withhold. You can't sell part of it and you can't sell it in the last seven years of the lease.

    2. The section that I am interested in (in bold) does not mention occupation, but just possession, so I assume there is a difference. While I am parting with the occupation of the whole property, I am not parting with the possession (am I?). There must be a difference as they wouldn't have used both in the term above.

    3. There is no mention that a fee would be applicable if I do apply for consent. Does that mean they can't charge one? They ask for £125 for each new tenancy.

    Sorry for the long post. The lease is impossible for me to make sense of and I know it would be prudent just to ask for consent, but do I need to?

    Thanks in advance

    Jay

    #2
    You don't need consent to let the property apart from in the last 7 years, if as you say there is no other relevant clause in the lease.

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      #3
      1. You cannot assign or sublet any part less than the whole

      2. Except as mentioned in 3, you can let or assign the whole without consent

      3. You cannot let or assign the whole durng the last seven years of the term without consent

      Comment

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