Question about consent to let

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    Question about consent to let

    Hello all

    long time lurker but now I have a quick question you may be able to help with. I have a long lease for a flat which is itself subject to a tenancy. It was an AST but that’s now moved onto a periodic basis - no issue there. The tenant has been the same since 2010 and consent to let was acquired at the time from the freeholder in the usual way.

    Fast forward to now, the freeholder has changed (I believe the right of fist reusable for lessees to buy didn’t apply on this transfer as it was between associated companies) and, consequent to that change, I am being asked for consent again. With, as you’ll imagine, a fee payable.

    My question is whether consents given by a previous freeholder bind subsequent ones. I can’t find anything in the lease that says that renews consent is needed on such a change and from a contract law point of view (essentially all a lease is), an aquiror takes the contract subject to existing rights - they can’t unilaterally disapply them and charge for a regrant.

    Id be really interested in your thoughts on this, and whether it’s been encountered before (surely!). Also, the renews consent is forty quid so it’s not the biggest issue - this just feels like sharp practice, and I don’t want to give in!

    Thanks again

    #2
    Yeah of course it binds subsequent freeholders.

    I'd point out that present freeholder bought the freehold 'as seen', so cannot revoke consent you already have.

    Comment


      #3
      JK0

      Thanks for your input. That of course makes perfect sense.

      Ill revert to the freeholder and unpdate this thread, invade anyone’s interested.

      Still interested in others’ experiences on this, if there are any.

      Comment


        #4
        I'm not sure that would apply to any new tenancies though, so if the tenant changes, you may need to apply for permission again.

        Comment


          #5
          Originally posted by DPT57 View Post
          I'm not sure that would apply to any new tenancies though, so if the tenant changes, you may need to apply for permission again.
          That would depend of the wording of the clause.

          Comment

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