Covenant for Sub Letting Leasehold Flat?

Mr_Mister

Hi
I own a leasehold flat and looking to move out to another house but want to let out the flat to tenants.
When I enquired about this to the Housing Association, who are the Freeholders they have stated I need to sign a Covenant (conditions below)

Do I need to contact solictors for this or is this something I can draft myself through a Letting Agency?

Consent is given subject to the following conditions:

· The property is let on an assured shorthold tenancy

· A covenant is signed by the Sub-tenant not to assign, underlet or part with possession or share possession or occupation of the premises or parts thereof.

· The agreement between yourself and your tenant reflects the terms of your lease

· You provide us with your forwarding address and an emergency contact number for when you move out of the property-see attached form

· You provide us with your tenant(s) name and an emergency contact number.

· Should you engage the services of a managing agent provide contact details.

· If your property has a gas supply to ensure that the correct gas certificate is in place.

· Your remaining responsible for all outgoings in connection with the property, including any rent/service charge payments, to the Housing Association.

· Once you have a tenant please provide the Housing Association with a copy of tenancy agreement between yourself and your tenant

Please be aware that our approval to the subletting will not override any requirement for you to obtain the consent of your insurers and mortgagees or any other party with an interest in the property. It is also your responsibility to ensure that you comply with any other statutory requirements as a landlord (e.g. ensuring compliance with gas and electricity regulations etc.).

If you are willing to accept these conditions, can you please sign and return one copy of this letter as soon as possible.

Thanks

[Deleted User]

Mr_Mister said:

Hi
I own a leasehold flat and looking to move out to another house but want to let out the flat to tenants.
When I enquired about this to the Housing Association, who are the Freeholders they have stated I need to sign a Covenant (conditions below)

Do I need to contact solictors for this or is this something I can draft myself through a Letting Agency?

Consent is given subject to the following conditions:

· The property is let on an assured shorthold tenancy

· A covenant is signed by the Sub-tenant not to assign, underlet or part with possession or share possession or occupation of the premises or parts thereof.

· The agreement between yourself and your tenant reflects the terms of your lease

· You provide us with your forwarding address and an emergency contact number for when you move out of the property-see attached form

· You provide us with your tenant(s) name and an emergency contact number.

· Should you engage the services of a managing agent provide contact details.

· If your property has a gas supply to ensure that the correct gas certificate is in place.

· Your remaining responsible for all outgoings in connection with the property, including any rent/service charge payments, to the Housing Association.

· Once you have a tenant please provide the Housing Association with a copy of tenancy agreement between yourself and your tenant

Please be aware that our approval to the subletting will not override any requirement for you to obtain the consent of your insurers and mortgagees or any other party with an interest in the property. It is also your responsibility to ensure that you comply with any other statutory requirements as a landlord (e.g. ensuring compliance with gas and electricity regulations etc.).

If you are willing to accept these conditions, can you please sign and return one copy of this letter as soon as possible.

Thanks

The sub-tenant needs to sign the covenant, not you.  Usually the tenancy agreement itself has clauses about sub-letting so make sure the AST agreement you use has appropriate wording to cover the above requirement.

eddddy

Mr_Mister said:

Do I need to contact solictors for this or is this something I can draft myself through a Letting Agency?

Consent is given subject to the following conditions:

· The property is let on an assured shorthold tenancy

· A covenant is signed by the Sub-tenant not to assign, underlet or part with possession or share possession or occupation of the premises or parts thereof.

· The agreement between yourself and your tenant reflects the terms of your lease

As above, it's your tenant who needs to sign the covenant.

You can draft everything into the AST yourself, but you should to go through your lease and make sure that all the covenants/rules in your lease are reflected in the AST.

For example, your lease might say things like:

• Nothing must be stored in communal areas
• No pets are allowed to be kept
• Where you can/can't park
• What you can/can't use the shared garden for
• Rubbish must be put inside the bins, and not left beside them

So you need to make sure that the AST contains the same conditions.

(And if your tenant breaks those conditions, your freeholder can charge you fees for doing things like - sending warning letters to you, removing your tenant's stuff from communal areas, etc. And if the tenant continues to break the conditions, your freeholder might instruct solicitors, and you'd probably be liable for the solicitor's fees.) 

Mr_Mister

eddddy said:

Mr_Mister said:

Do I need to contact solictors for this or is this something I can draft myself through a Letting Agency?

Consent is given subject to the following conditions:

· The property is let on an assured shorthold tenancy

· A covenant is signed by the Sub-tenant not to assign, underlet or part with possession or share possession or occupation of the premises or parts thereof.

· The agreement between yourself and your tenant reflects the terms of your lease

As above, it's your tenant who needs to sign the covenant.

You can draft everything into the AST yourself, but you should to go through your lease and make sure that all the covenants/rules in your lease are reflected in the AST.

For example, your lease might say things like:

• Nothing must be stored in communal areas
• No pets are allowed to be kept
• Where you can/can't park
• What you can/can't use the shared garden for
• Rubbish must be put inside the bins, and not left beside them

So you need to make sure that the AST contains the same conditions.

(And if your tenant breaks those conditions, your freeholder can charge you fees for doing things like - sending warning letters to you, removing your tenant's stuff from communal areas, etc. And if the tenant continues to break the conditions, your freeholder might instruct solicitors, and you'd probably be liable for the solicitor's fees.) 

Thanks.
So basically as long as I ensure the AST contains the clauses of my Lease, I do not need a solicitor to draft one up?