Can I rent out my flat (that I own)- lease seems to say 'underletting' not allowed?

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  • Can I rent out my flat (that I own)- lease seems to say 'underletting' not allowed?

    Apologies if this is a silly first question, I have searched the forum but can't find a definitive answer.

    I own my flat (i.e. pay a mortgage on it). I am moving into my partner's flat and want to rent mine out. However, my lease says the following:

    "8. That the demised premises shall be kept and used as and for a single private residence in one occupation only"
    "9.That the tenant will not assign transfer or underlet any part only of the demised premises"

    Does this mean I am not allowed to rent out my flat? or does it mean that if I rent it out that whoever I rent it to cannot sublet it?

    If it does mean I cannot rent out my flat, how can I get around this? Can I request a change to the lease? will I need a solicitor to do this?

    Thank you.

  • #2
    There are many, many posts on this last month, and previous.
    Try and search for the posts to get answers.
    If problems, of course you are welcome to ask.

    You cannot change the lease. ask the freeholders / managing agent / company
    as to your position, as they have experienc as to what you need to do,
    then check back here.



    • #3
      It means that you can let the flat out as a whole, but you may not let out only a part of it. You may need to inform your mortgage lender that you intend to let it. You also will have to have a gas inspection and an epc done before you can let it.
      I offer no guarantee that anything I say is correct. wysiwyg


      • #4
        No. 8 means that you can only let to a "family", that word having a wide meaning.

        No. 9 just means you cannot let part. If you let the whole you are in the clear - assuming that is that there are no other relevant clauses.


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