understanding subletting terminology

[Deleted User]

I wish to sublet or let out my flat as a whole, however i am unable to understand the legal bit in my leasehold contract.

Can someone decipher this, to my understand it says i need  adeed of covenant and pay legal fees to have the landlord observe this signing over

Is this correct or how i read this wrong?

Alienation

(a)        Upon any assignment sub-letting or underletting to obtain a direct deed of covenant by the assignee sub-lessee or underlessee with the Landlord to observe and perform the covenants and conditions of this lease and to pay the reasonable legal fees of the Landlord in connection with such assignment sub-letting or underletting.

(b)        In the case of any instrument operating or purporting to assign transfer lease charge discharge dispose of or affect the premises or any part of them or any interest in them or to create assign transfer dispose of or affect any derivative interest in the Term or any charge on the Premises or affecting or occasioning a devolution or transmission

respectively by operation of law to leave such instrument (or in the case of a transfer or charge or discharge of a charge of registered land a certified copy of it) within one calendar month after the date of such instrument or (in the case of a probate of a will or letters of administration) after the date of the grant of the probate or letters of administration as the case may be to (if so required) leave a certified copy at the offices of the solicitors for the time being of the Landlord so that it may be registered and to pay to them a reasonable charge of not less than £40 (Forty Pounds) plus VAT for each such registration.

(c)            Not at any time to assign part only of the demised Premises.

eddddy

[Deleted User] said:

(a)        Upon any assignment sub-letting or underletting to obtain a direct deed of covenant by the assignee sub-lessee or underlessee with the Landlord to observe and perform the covenants and conditions of this lease and to pay the reasonable legal fees of the Landlord in connection with such assignment sub-letting or underletting.

Just to clarify the legal jargon. In the paragraph above...

• The Landlord means your freeholder
• The sub-lessee means your tenant
• (The lessee would mean you)

I'm intrigued by this type of clause - I've discussed it with a number of people who have it in their leases.

In simple terms, you as the leaseholder have covenanted (i.e. promised) to do or not do certain things mentioned in your lease - maybe things like:

• Not to leave anything in communal hallways
• To put all rubbish in the bins provided
• Not to disturb your neighbours
• etc

When you find a tenant for your flat, your landlord (i.e. Typically your freeholder) wants your tenant to sign a deed saying that your tenant will abide by those covenants (or promises) as well.

And your landlord (the freeholder) will want you to cover the cost of their solicitor in getting this sorted.


But the strange thing is that you as the leaseholder have also covenanted (i.e. promised) to do things mentioned in your lease like:

• Pay the ground rent
• Pay the service charge
• Repair the flat

And it's not appropriate for your tenant to promise to do those things - and no tenant in their right mind would sign a deed promising to do those things. So it seems to me that it gets a bit messy.