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

  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    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.



      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


        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.


        Latest Activity


        • Deposit not Protected
          Hi there,

          I have recently found out the the agent (working for the landlord) has not protected my deposit paid Summer 2017 for a 6 month tenancy. The tenancy is up in 2 weeks and I have been asked if I want to renew which I would like to do as I wish to stay in the property.

          15-01-2018, 11:42 AM
        • Reply to Deposit not Protected
          I would like to stay at the property and renew for a further year. Should I sign a new AST or just let the tenancy go to a periodic one?

          I am worried when I eventually come to leave the property say in one years time that the LA / LL will try and find ways to deduct money from the deposit,...
          16-01-2018, 07:46 AM
        • service charge
          I am now living in a one bed flat owned by a housing association, for the past year the communal boilers that provide hot water and heating to all flats and the sheltered housing block has been frequently faulty leaving us without hot water or heating.

          So the HA have replaced the boilers...
          15-01-2018, 21:26 PM
        • Reply to service charge
          I doubt it, but I think the charge should be reduced because if the change?...
          16-01-2018, 07:32 AM
        • How much to tolerate in social housing (In Scotland but question to all)
          Moved to social housing just over a year ago, neighbour upstairs has 2 kids I put up with everyday noise as much as I could and spoke to them at Easter last year because I was kept awake till 4am 2 nights in a row by loud booming voices that I could hear even in spare room and they had a 6am-1am party...
          14-01-2018, 22:45 PM
        • Reply to How much to tolerate in social housing (In Scotland but question to all)
          Are you a tenant? If so, same landlord?

          Is their landlord the freeholder?

          Complain to both and say your quiet enjoyment is affected....
          16-01-2018, 07:21 AM
        • Letting in name of a Ltd company

          I have a quick question to ask.
          Is it generally acceptable to sign a tenancy agreement in name of one's business and make rent payments via a business account?

          The idea here is that part of the rented house would work as a home office, therefore I would like the payments...
          15-01-2018, 14:16 PM
        • Reply to Letting in name of a Ltd company
          The rationale is that the occupant has a main residence elsewhere (usually mummy's house) and is renting a flat near temporary work as lodging, which can be a legitimate business expense.

          Its nothing to do with having a home office....
          16-01-2018, 07:15 AM
        • Termination of Tenancy
          looking for some practical advice here, first post.I shall try to hit the main points and be brief.
          I have been renting my house to a couple whilst I have been out of the UK with a private rental contract, visiting the house once a year. They have been renting for 10 years , on a one...
          15-01-2018, 15:34 PM
        • Reply to Termination of Tenancy
          This will cause you the biggest problem (lack of certification).

          I would suggest based on what I have read that:

          -they have no basis on which to be reimbursed for the work they did without permission (and maybe with the expectation they would be living there for many years,...
          16-01-2018, 07:12 AM