Help! Legal advice on leases anyone?

vbt

Hi,

Can anyone help me at all? I bought a 50% share in a shared ownership property 5 years ago, since then I have 'staircased' and now own the whole property (with a mortgate for some of it).

The problem is that I have just been posted abroad temporarily for a new job, which means I'll be away from the UK for a minimum of 1 year and a maximum of 3 years. I was planning to let out my property, and have everything in place (consent to let from mortgage provider, insurance etc).

However, I have found out today that apprently by sub-under lease doesn't allow me to rent my property and means I would be in breach of my lease if I did.

The Housing Association that I bought the property from (and who own the leasehold) have said the only thing I can do is sell the property, but it's been on the market since September and we haven't had any offers (there is a huge amount of property for sale in Manchester city centre where we live) - even though we've been realistic about the price and are willing to lose some money on it. I asked whether they have a buy-back scheme but they don't.

If I can't rent the property out then this will also void my insurance because the property isn't allowed to be empty for longer than 30 or 60 days.

I feel like my hands are tied - I'm not out to make a profit but I'm really worried about what to do about money if i have to run two properties; one here and one abroad.

What's even more annoying is that there are at least 5 flats that I know of in my building which are rented out and the HA have no idea, so I almost wish I'd never told them because the obviously haven't found out about everyone else!

The only thing I've managed to find out from the (very unhelpful) HA is that in "exceptional circumstances" the Homes and Communities Agency can issue a 'Deed of Variation' allowing someone who has a property that is subject to a HA lease to let a property. But, no one will tell me what exceptional circumstances are accepted or give me any further info.

I've written to them today by recorded delivery and enclosed evidence of my job posting letter as proof.

Does anyone have any information about, or experience of, the Deed of variation or the Homes and Communities Agency? I don't know what to do.

monkeys_bunny

i feel sorry for you and see that noone has replied, unfortunatly i cannot help either, sorry, all i can suggest is that you contact a local conveyancing solicitors for advise. most will give for free to try an dmake you be thier client, so to speak.

you may find that paying a very small fee to get a solicitors to right to them on thier letterheading asking questions such as what are the circumstances may be worth the money in the long run.

hope you get it sorted soon

Fire_Fox

No offense but you are not being realistic enough about the price: if the property has not sold in six months is still overpriced! If you let the property without the consent of the freeholder you give the tenant no security as any breaches of the lease can be enforced. All you need is one neighbour to get fed up of inconsiderate tenants ....

Are you sure you want to be an overseas landlord? What are you going to do if you have tenants that do not pay or trash the place? What are you intending to do on your return? will you want to evict the tenants - what if they will not go? Will you want to sell - what if they do not allow viewings?

You can apply for a deed of variation to be enforced at a Leasehold Valuation Tribunal, but there is no guarantee it will be allowed: http://www.lease-advice.org/publications/