Subletting clause - what does it really mean?

xiteex

Hello all, 

I am having a little trouble understanding my lease about subletting.

I am thinking of renting my flat out so I have been reading my lease over and over but I am not really sure what its saying.

 

The lease says:

Not at any time during term hereby granted to divide the possession of the flat by an assignment or underletting or parting with possession of part only nor assign underlet or part with possession of garage save in conjunction with the like disposition of the flat and not during the last seven years of the termhereby granted without the previous consent in writing of the lessor assign underlet or part with the possession of the demised premises or the said fixtures.

 

I read this clause as:

1: I cannot sublet a part of my flat or garage but I can sublet the whole of my flat.

2: I need written consent from the freeholder (my neighbour as I own a share of the freehold flat with him, just 2 flats in the building) if I want to rent my flat during the last seven years of the lease.

 

My lease has 900+ years left and if my understanding is right, I don’t need written consent from my neighbour, is that right? Does that mean that i also don't need to tell them?

 

I don’t mind asking my neighbour for consent but when I bought this flat, my solicitor sent me a letter saying that I can sublet under a short lease or tenancy agreement. I checked this online and it says that it lasts 6 months or less so I just thought that I need to ask my neighbour for consent every 6 months, that seems annoying

Many Thanks

theartfullodger

Which country (eg Wales, NI)?  Laws vary.

In England tenancy agreement can be for a week, a month, etc etc etc.  The myth that it must be 6 months is just a myth.  But tenancies do not end then, they continue rolling on, usually monthly, until ended by tenant or court (Thatcher's 1988 housing act says so).

Mark_d

@xiteex I agree with your reading of the clause.  I suspect you solicitor was referring to a shorthold tenancy agreement:
https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/tenancy-types