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Underlet Clarification
Squonk64
Posts: 10 Forumite
I'd appreciate if anyone can shed light on what this statement means in my lease agreement:
Not at any time during the Term separately to assign transfer underlet or part with the possession or occupation of any part or parts of the Property but only to assign transfer underlet or part with the possession thereof as a whole and not so to assign transfer underlet or part with the possession or occupation of the Property without the prior written consent of the Landlord or its agents (not to be unreasonably withheld or delayed) Provided That the Tenant will be permitted to let the whole of the Property by way of an Assured Shorthold Tenancy (for a term not exceeding 2 years in accordance with the provisions of the Housing Act 1988 or any statutory modification or re-enactment thereof without the previous consent of the Landlord (“the Permitted Underletting”) Provided That the Undertenant covenants to comply with the Tenants Covenants under the Lease and the Tenant provides the Landlord and/or the Management Company with a contact address for the Tenant.
Thank you for your help.
Not at any time during the Term separately to assign transfer underlet or part with the possession or occupation of any part or parts of the Property but only to assign transfer underlet or part with the possession thereof as a whole and not so to assign transfer underlet or part with the possession or occupation of the Property without the prior written consent of the Landlord or its agents (not to be unreasonably withheld or delayed) Provided That the Tenant will be permitted to let the whole of the Property by way of an Assured Shorthold Tenancy (for a term not exceeding 2 years in accordance with the provisions of the Housing Act 1988 or any statutory modification or re-enactment thereof without the previous consent of the Landlord (“the Permitted Underletting”) Provided That the Undertenant covenants to comply with the Tenants Covenants under the Lease and the Tenant provides the Landlord and/or the Management Company with a contact address for the Tenant.
Thank you for your help.
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Comments
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You can sub-let the whole flat for a period of up to 2 years - but you need the freeholder's consent.
You can't sub-let part of the flat.
Your tenant has to agree to comply with the covenants (or 'rules') in your lease. (For example, if there are 'rules' in your lease about keeping pets, your tenant has to agree to follow those 'rules')
Your freeholder might want your tenant to sign a deed conforming they'll comply with the covenants ('rules') in the lease. TBH, that seems like a potential problem to me - there will be some covenants in your lease which no sane tenant would agree to - like promising to pay the service charge and ground rent. .
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As above though I believe you could also grant a licence for part of the flat eg give a lodger permission to use 1 bedroom.
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Thank you....makes perfect sense now you have explained it. Thank youeddddy said:
You can sub-let the whole flat for a period of up to 2 years - but you need the freeholder's consent.
You can't sub-let part of the flat.
Your tenant has to agree to comply with the covenants (or 'rules') in your lease. (For example, if there are 'rules' in your lease about keeping pets, your tenant has to agree to follow those 'rules')
Your freeholder might want your tenant to sign a deed conforming they'll comply with the covenants ('rules') in the lease. TBH, that seems like a potential problem to me - there will be some covenants in your lease which no sane tenant would agree to - like promising to pay the service charge and ground rent. .
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