Subletting shared ownership flat - subletting licence and fees

Zakhar

Hello, I'm a shared ownership owner and my lease forbids subletting. I have been trying to sell the flat for a few months but unable to do so because of the cladding situation, as the building doesn't have cladding certification. My Landlord L&Q group agreed to allow me to sublet my flat but they also require me to involve solicitors and pay fees for me and them which is totalling to more than 800 pounds. It feels to me that this is way too much for this. Can I legally challenge that request? I don't personally see the need to involve solicitors and think that a letter of consent from them should be enough?

Seashell517

I think you're lucky that they've agreed to let you sublet and so you should do what they require.

AdrianC

It's not up to you as to whether they feel the need for a solicitor or not.
They, presumably, want you to submit a copy of the tenancy and their solicitors will review that.

The alternative is them saying "Nope, no subletting". That then gives you a choice of the property sitting empty, you continuing to live there, or you trying to sell it to a cash buyer who does not need a lender's approval to take on the EWS1 risk. The first and last of those options will cost you a lot more than £800 - and I presume the second is unpalatable to you for whatever reason.

greatcrested

It does seem expensive, but as seashell and adrian say, you have limited choices. They are under no obigation to permit the sub-let.

Seashell517

Also, how much is it going to cost to 'legally challenge' the £800? (Especially as I suspect you'd only end up paying the £800 after too, as 'legally' you can't sublet.)

annetheman

I would be very grateful they have allowed it and absolutely pay the £800 if I were you, this is a relatively small amount to pay in comparison to the alternative of denying your request - I know many Shared Owners campaigning for justice in the cladding scandal who have compelling reasons to allow subletting and have been denied by their HAs.

HampshireH

Zakhar said:

Hello, I'm a shared ownership owner and my lease forbids subletting. I have been trying to sell the flat for a few months but unable to do so because of the cladding situation, as the building doesn't have cladding certification. My Landlord L&Q group agreed to allow me to sublet my flat but they also require me to involve solicitors and pay fees for me and them which is totalling to more than 800 pounds. It feels to me that this is way too much for this. Can I legally challenge that request? I don't personally see the need to involve solicitors and think that a letter of consent from them should be enough?

But your happy to pay legal fees AND then their fee?

It will be cheaper for you to pay it and rent it out that to leave it empty and still pay the bills.