Does lease covenant prohibit subletting?

[kelley]

Hi, I am hoping you can help me with the following:

I want to let my flat, however on my deeds it states, "Not to use the demised premises or any part thereof for the purpose of any trade or business as defined by Section 23(2) of the Landlord and Tenant Act 1954."

Does this mean I can or cant let my property if it is considered as a business ?

Any comments would be appreciated.

thanks

[tenant29]

Hi, I am hoping you can help me with the following:

I want to let my flat, however on my deeds it states, "Not to use the demised premises or any part thereof for the purpose of any trade or business as defined by Section 23(2) of the Landlord and Tenant Act 1954."

Does this mean I can or cant let my property if it is considered as a business ?

Any comments would be appreciated.

thanks

The wording means that the "tenant" is not allowed to conduct any trade or business from the property. So if you sublet your flat, you would insert this condition in your AST letting agreement to ensure your tenant will be subject to the same condition. You can doublecheck by asking the Citizens Advice Bureau for their interpretation of the wording .

http://www.odpm.gov.uk/pub/375/Part2oftheLandlordandTenantAct1954PDF237Kb_id11283 75.pdf