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

Johnsonsamith

https://forums.moneysavingexpert.com/discussion/6603771/subletting-clause-what-does-it-really-mean

lol obviously they are trying ti let their property out - easy to see that by reading all your “everybody js difficult” posts

you are just checking if you coulst stop it - no you cannot

mills112

Lol, I thought I would put this into google AI and this is what it says

AI OverviewThis lease clause strictly prohibits assigning, subletting, or parting with possession of part of the flat or the garage at any time. During the last seven years of the term, you cannot assign, sublet, or part with possession of the entire premises/fixtures without the landlord's written consent. Key Restrictions & Implications:

• No Partial Dealing: You cannot rent out a single room or separate the garage from the flat.
• Garage Linking: The garage must be disposed of (sold or rented) alongside the flat.
• Final 7 Years Rule: Any transfer of the whole property in the last seven years requires prior written consent from the landlord.
• Breach Risks: Violating these terms may lead to forfeiture proceedings under section 146 of the Law of Property Act 1925. 

Disclaimer: This is a summary based on the text provided and standard legal interpretations. You should consult a solicitor for advice specific to your lease.

theartfullodger

https://forums.moneysavingexpert.com/discussion/comment/81863175#Comment_81863175

"Standard Legal Interpretations" don't exist. eg the different countries of the UK (Not united, not my king) have different laws and regulations, and other countries ditto.. - Unless you are happy to work on the basis of a real guess…

Best wishes to all

Funky_Fred_1

Hi, am a Newbie to MSE Forum so sorry if am butting in on this post.

I rent a property and am thinking of Subletting to an agency ( this would guarantee the rent )

I have rang a few insurance company’s but they don’t do subletting insurance.

Do I need a special subletting insurance ?

Any help would be appreciated.

eddddy

Funky_Fred_1 I rent a property and am thinking of Subletting to an agency ( this would guarantee the rent ) I have rang a few insurance company’s but they don’t do subletting insurance. Do I need a special subletting insurance ?

Just to double check, when you say you "rent a property", I assume you mean you are the tenant (i.e. you don't mean that you are a freeholder or leaseholder and you "rent out a property".)

If so, does your tenancy agreement allow you to do commercial subletting? It would be commercial subletting because you are subletting to an agency.

Is the property a house or a flat?

What type of insurance do you mean? If you mean buildings insurance, your landlord (or the freeholder, if it's a flat) would normally have arranged that - assuming that your tenancy agreement allows you to do commercial subletting.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81867232#Comment_81867232

Please start your own thread - the one you're tacking on to is 10 months old and not really related (subletting provisions in a lease v guaranteed rent insurance).