Help interpreting lease clause under a leasehold

JK4158

Need help understanding the lease convenants! have asked the solicitor to which they replied "under the lease you are not allowed to sell, let or sublet the leasehold" which I do not really understand because the vendor is selling it to us and also it is currently tenanted...so decided to just read the lease myself and ask here (haha)

We are buying a leasehold flat - we will be the leaseholder and also have a share of freehold with 3 other flats (to become a director of a management company)

So the lease says in the covenant section:
- Not to assign underlet charge part with possession or occupation or share occupation of any part of the premises (as distinct from the whole) => this I interpreted as that we are not allowed to sublet
- Not to part with possession or occupation save upon the assignment or subletting the whole of the premises nor to share occupation of the whole of premises => I interpreted this as that we CAN sell or let if the whole of the flat (the premises = our flat), but the laywer is saying we are not allowed to sell or let or sublet
- Not to assign or transfer or underlet the whole of the premises during the last seven years of the term without the landlords prior written consent which shall not be unreasonably withheld or delayed => I interpreted this that we need to get freeholders permission to let or sell nearer to the end of the lease terms which I am ok with
- Within one month after the completion of any assignment transfer charge or underlease or after any transmission by reason of a death or otherwise affecting the premises or any part thereof to give notice thereof in duplicate to the landlord's solicitors and to produce to and leave with the landlord's solicitors a certified copy of the deed or instrument or other document evidencing or affecting such transaction and on each occassion to pay to the landlord or his solicitor a registration fee of 50 pounds with VAT thereon or such higher fee as shall resonably be determined by the landlord from time to time => does not sound too onerous and I am ok with it

Could someone who has better legal knowledge and experience help us confirm if our intrepretation above is right or wrong? are these 'standard' lease covenants or rather unusual? we did ask our solicitors but they refuse to answer...or they say absurd things like that we are not allowed to sell, let or sublet (with no explanation what that means)..so came here for help

Thank you

propertyrental

No. See bold

JK4158 said:

Need help understanding the lease convenants! have asked the solicitor to which they replied "under the lease you are not allowed to sell, let or sublet the leasehold"
are you sure the solicitor said 'sell'? Not 'assign'?
 which I do not really understand because the vendor is selling it to us and also it is currently tenanted...so decided to just read the lease myself and ask here (haha)
The tenancy is fine.

We are buying a leasehold flat - we will be the leaseholder and also have a share of freehold with 3 other flats (to become a director of a management company) irrelevant

So the lease says in the covenant section:
- Not to assign underlet charge part with possession or occupation or share occupation of any part of the premises (as distinct from the whole) => this I interpreted as that we are not allowed to sublet
No. You can sublet 'the whole' flat, but not 'any part' only.
- Not to part with possession or occupation save upon the assignment or subletting the whole of the premises nor to share occupation of the whole of premises => I interpreted this as that we CAN sell or let if the whole of the flat (the premises = our flat), but the laywer is saying we are not allowed to sell or let or sublet Seems to be as above
- Not to assign or transfer or underlet the whole of the premises during the last seven years of the term without the landlords prior written consent which shall not be unreasonably withheld or delayed => I interpreted this that we need to get freeholders permission to let or sell nearer to the end of the lease terms which I am ok with Yes. Which confirms that earlier you can sell or let.
- Within one month after the completion of any assignment transfer charge or underlease or after any transmission by reason of a death or otherwise affecting the premises or any part thereof to give notice thereof in duplicate to the landlord's solicitors and to produce to and leave with the landlord's solicitors a certified copy of the deed or instrument or other document evidencing or affecting such transaction and on each occassion to pay to the landlord or his solicitor a registration fee of 50 pounds with VAT thereon or such higher fee as shall resonably be determined by the landlord from time to time => does not sound too onerous and I am ok with it  your solicitor willdeal with this. Or should.

Hmmmmmm. Dubious about your lawyer...!

EssexHebridean

The notice section is very standard - and that notice fee is very reasonable in comparison to some. It simply means that when a sale occurs the landlord requires notification of the transfer, and of any new charge that has been made against the property. Your solicitor will have a standard form for this and will give the notice as a matter of course. The fee will (or should) be included in your completion statement.