Is this term enforceble?

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    Is this term enforceble?

    Hi,

    There is a term in my neighbours' AST that Where the Landlord's interest is derived from another lease ("the Headlease") then it is agreed that the Tenant will observe the restrictions in the Headlease applicable to the Property. A copy of the Headlease, if applicable, is available upon request.

    Is this term enforceable ? In a similar post http://www.landlordzone.co.uk/forums...ad.php?t=12087
    Jeffrey stated that T has to make ST aware- e.g. by:
    a. giving him a copy of the lease; or
    b. annexing that copy to the AST etc

    Is it sufficient to offer a copy of the lease on request?

    Thanks.

    #2
    Logically the headlease is referred to within the agreement and therefore would be enforceable. It states a copy is available on request - ask for a copy
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


      #3
      Originally posted by Paul Gibbs View Post
      Logically the headlease is referred to within the agreement and therefore would be enforceable. It states a copy is available on request - ask for a copy
      I agree. However, where F grants long lease to T, and T sub-lets (e.g. by an Assured Shorthold Tenancy Agreement) to ST:
      a. F can enforce against T what the long lease contains; and
      b. only T (= not F) can enforce against ST what the AST contains.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        thanks both!

        Comment


          #5
          When I first acquired leasehold properties for sub letting, I carefully read the lease for clauses prohibiting such activity (or making it difficult) before purchase. I then carefully made an extract of all tenants covenants (such as not playing musical instruments after 10 pm) which I listed as an appendix to my AST as head lessor's covenants and which is part of it.
          That is my way of covering what is mentioned above.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

          Comment


            #6
            Originally posted by P.Pilcher View Post
            When I first acquired leasehold properties for sub letting, I carefully read the lease for clauses prohibiting such activity (or making it difficult) before purchase. I then carefully made an extract of all tenants covenants (such as not playing musical instruments after 10 pm) which I listed as an appendix to my AST as head lessor's covenants and which is part of it.
            That is my way of covering what is mentioned above.
            Yes. It's slightly more time-consuming than copying L's long lease; but, on the other hand, it's more focussed (and also avoids disclosing any more confidential text- e.g. how much L paid as premium, if L is the original lessee).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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