Under-leasing Flat

davidmcn

FussyPedant wrote: »

Sorry, what is AST?

Assured Shorthold Tenancy

Why will the Freehold be sold?

Because that's how new developments tend to work - once all the leases are in place, the freehold is sold as an investment.

AnotherJoe

FussyPedant wrote: »

He has sent me the section of his lease that says "Assignment and Underletting" (no mention of subletting). I'll double check with him. Thanks

underletting/subletting same thing.


sub/underletting and sub/underleasing are entirely different beasts.

FussyPedant

AnotherJoe wrote: »

underletting/subletting same thing.


sub/underletting and sub/underleasing are entirely different beasts.

Cool, we have "Not to underlet the whole of the property unless the underlease is on an assured shorthold tenancy agreement"

Also (sorry to be a pain) can you translate this from the Assignment and Underletting section please:
"Within one month of any assignment, underletting for more than one year, charge, parting with possession of or any other devolution of title to this lease or the Property to serve notice on the Landlord or (if required by the Landlord) the Landlords solicitors giving detail and to:
(a) provide a certified copy of the transfer or other instrument of devolution of title; and
(b) pay the Landlord's or the Landlord's solicitors, reasonable registration fee which shall be no less than £75 plus VAT in respect of each document produced."

It's confusing - the lease isn't being transferred, but he will be underletting?!!

pinklady21

I read it as the underlet agreements need to be for less than 1 year.
So provided any letting is done with an AST, and is for a period of less than 1 year, you don't need to do anything.

G_M

Would have been helpful to quote the lease in your original post!


pinklady21 appears to be right.


AST? See


Tenancies in Eng/Wales: Guides for landlords and tenants This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

Topics covered:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?

* Repossession: what if a LL's mortgage lender repossesses the property?

* New landlords: advice, information & links

* Letting agents: how should a landlord select or sack?

* Lodgers: advice & links for landlords & lodgers


Please feel free to PM me if you spot errors (whether legal or typos!). Also omissions, or suggestions for improvement.

---

An Assured Shorthold Tenancy (AST) can exist in 3 forms:

1) Fixed Term Tenancy. This has a start date, and either a 'Term' (eg 6 months, 12 months), or a specified end date. The Term can be any length from a few days to 7 years, although

i) a landlord cannot obtain possession via the courts in the first 6 months, meaning LLs rarely agree to offer Terms of less than 6 months, and

ii) a tenancy with a Term over 3 years must be Executed as a Deed.

2) Statutory Periodic Tenancy. This is created by statute (law) automatically when the fixed term ends, if the tenant does not leave, and if no other agreement exists (eg 3ii below). 'Periodic' means it continues on a 'rolling' basis (usually monthly, but sometimes weekly or quarterly).

3) Contractual Periodic Tenancy. This can be created either:

i) from the start (ie the initial contract specifies a 'rolling' tenancy - there is no fixed term), or

ii) at the end of the fixed term, if that is what the original contract specified would happen when the fixed term ended.

FussyPedant

G_M wrote: »

Would have been helpful to quote the lease in your original post

My apologies once again, I was going round in circles last night and wasn't thinking anywhere near straight.
Thank you for the links, I will go through them with a fine-tooth comb now I know which direction to go in, and prepare SIL a plan to take to his solicitor.

So basically,
1) write to his Landlord (using company name on the invoice) and
2) keep the AST to six months at a time.

Thank you all for your help.

CJJ86

Hi,
appreciate this was all discussed a year ago but......could I have some advice as to what constitutes a Reasonable Registration of Underletting Fee/Charge. Thanks