Question about consent to let

  • Filter
  • Time
  • Show
Clear All
new posts

    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

    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.



      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.


        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.


          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.


          Latest Activity


          • Rent increases.
            Hi everyone.
            I need some advice about how best to approach rent increases. I own a property with good tenants who look after the house, they have been in the house for about 4 years. The market rent is around £675 but I am charging £595 so £80 less a month partly because I charged a bit less...
            21-10-2019, 18:03 PM
          • Reply to Rent increases.
            My view is that you do tenants no favours by charging below market rent as they just develop unrealistic expectations and feel trapped when they realise they cant afford to move but need to. They also see you as a soft touch and that's not a good look for a landlord. I would start to increase each year...
            21-10-2019, 22:01 PM
          • Broken window, who should pay T or L.
            So my friends and I have recently moved into a house, we are students and this is our first year of renting a property. The building itself is quite old and we've already had problems such as broken lights and damp. We also do not have the best relationship with our landlord as we've asked for these...
            21-10-2019, 13:11 PM
          • Reply to Broken window, who should pay T or L.
            At what height was the bottom of this window, "normal" window height or floor height?

            If floor height, then I believe it is required to have toughened glass, which is harder to break.
            21-10-2019, 20:45 PM
          • Energy efficiency certificate
            I am in the process of letting out a house to a new tenant, I cant seem to find my enegry efficiency cert, how do I go about getting an energy efficiency certificate?

            Was it supposed to be given to me by the estate agents when I purchased the house a few years back,
            or did the current...
            21-10-2019, 17:25 PM
          • Reply to Energy efficiency certificate
            I don't think you are even allowed to advertise it for rent without a valid certificate. However, unlike the gas one, you can still provide it late for a section 21 eviction.
            21-10-2019, 20:37 PM
          • Reply to Energy efficiency certificate
            It was a C. Yes im going to try and get it done asap before the new tenant moves in.
            Also the gas cert was done in jan, so is valid till jan 2020, but will that be needed for a new tenant right away as well?
            21-10-2019, 20:34 PM
          • Reply to Rent increases.
            My advice would be to seriously think about increasing, my experience is have a tenant paying on time and looks after the property is worth £10 pm increase. The market has now changed for T's therefore with fees now removed they can move more freely without thinking of the additional costs. Also if...
            21-10-2019, 20:23 PM
          • Reply to Energy efficiency certificate
            What was the rating of the property on the expired certificate, Any property below an E rating can't be rented out. I would get the certificate completed as soon as possible and supply this to your tenant, get them to sign that they have received it as well as proof.
            21-10-2019, 20:12 PM
          • Letting to retired tenant
            hi, I am new to the forum, and wanted to see if I can get some advice (thanks in advance) on letting to a retired person. If I paint a scenario.. what if there was a prospective tenant who was retired (but not yet a pensioner), and as such I would imagine it would not be possible to perform an employment...
            16-10-2019, 07:07 AM