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ozzage
17-03-2009, 12:44 PM
Hi, hope you can help a confused tenant.

We have just received a request from our landlord to sign a document, which they have sent to us. It doesn't have a title but it is related to the lessor (the Borough in which we live - maybe because this is an ex-LA flat), the lessee (landlord), and us as sublessees.

It SEEMS that because we are sub-letting, we have to agree to abide by the terms of the original lease.

It says, amongst other things:


By virtue of the provisions of the Lease the Lessor and Sublessee are required to enter into the covenant hereinafter contained unto the Lessor

and


In consideration of the provisions and in pursuance of the provisions contained in the Lease the Sublessee hereby covenants with the Lessor to observe and perform the covenants by the Lessee and the conditions contained in the Lease in the same manner as if such covenants and conditions were repeated in extensor in the Deed and with the substitution of the name of the Sublessee for the name of the Lessee.

So... what exactly am I agreeing to here? And why only now after living here for nearly a year? I have never seen the lease which is being referred to.

Is this normal? Should I be at all concerned? Is it likely to affect me in any way, and when I move out (which will be soon) then will this somehow still be in effect?

I'm not from the UK originally so have little experience with the normal procedures here.

Thanks in advance for any advice offered.

jeffrey
17-03-2009, 13:29 PM
My guess:
1. Your L is owner of the flat.
2. He is only a leaseholder; the Council still own the freehold reversion.
3. The Council demand that a leaseholder who sub-lets must require the sub-tenant (= you) to comply with the restrictions in the Lease between the Council and your L.
4. So you need to see that lease (or a full copy of it) in order to know what restrictions you would be undertaking.

ozzage
19-03-2009, 17:48 PM
Thanks for the reply. We are moving out shortly so I think we're just going to sign it since it doesn't seem like anything illegal/that we should be too worried about in the short time that we have left in the property.

jeffrey
19-03-2009, 21:31 PM
On the contrary: if you're moving out shortly, sign nothing.