Lease says no subletting

gcpbuyer

Hi there
I'm in the process of buying a flat and my conveyancer says that that the lease says I can't sublet. 
I want to get my friend to move in and pay rent in my spareroom. Does this mean I can't do this? Seems a bit unreasonable 

SpiderLegs

Having a lodger is not subletting

TBagpuss

Having lodger is different to subletting. The lease would stop you from letting out the whole property (probably because as tenants have much more rights than lodgers, this would potentially create legal issues down the line!)

gcpbuyer

Thanks guys 😅
I was gutted there for a second 

RAS

hi
Just make sure that you never refer to your friend as anything other than a lodger and that you have a formal agreement specifying things like notice periods on both sides, access to shared facilities that makes it clear this is a lodging arrangement. 

zagubov

RAS said:

hi
Just make sure that you never refer to your friend as anything other than a lodger and that you have a formal agreement specifying things like notice periods on both sides, access to shared facilities that makes it clear this is a lodging arrangement. 

What @RAS said.

If you're confused about tenancies and lodgers have a look at the stickies at the top of this subforum -the differences are really important. Plus be very precise with the house rules upfront so that there's no friction to threaten your friendship and income.

gcpbuyer

Hey there 
So my conveyancer got back to me:

Regarding a lodger, we interpret that you cannot do this under the terms of the lease as this would be "parting with part of the property". You could contact the management company and landlord to clarify whether this would be allowed and whether they would waive this provision.

Has anyone had any experience with this sort of thing?

Thanks

[Deleted User]

Lodgers don't have exclusive access to their rooms.   They are not allowed a lock on their door.  So you would not be parting with part of the property.

user1977

Besides, who's going to kick up a fuss? Are your neighbours or the freeholder going to enquire about the financial (or sleeping) arrangements between you and your lodger?

gcpbuyer

Thanks for the replies. 
Here's what the lease says - it's a pretty standard one apparently but the "charge" part suggests that having a lodger is forbidden?

Not to assign, underlet, charge, or part with possession of part only of the premises

[Deleted User]

Or does that mean "put a charge against"?  I.e. a debt or claim secured against the title.