Lease prohibits then governs sub-letting: weird?

[hahahabubu]

Hi all

I am going through the processes of buying a property (but luckly have not signed) I am looking at the deeds which states that I can "not assign transfer underlet or part with posession of part only of the Demised premises as distinct from the whole in any way whatsoever" this I understand as I cannot let part of the property but have to let all of it, as the deed goes on to talk about how the 'subletter' " is lieable to pay throughout the term" more than the "aggregate of the rent hereby reserved and Maintanance Contribution"

However later, there is a statement which states "to use and occupy the Demised premises as a provate residence for the sole occupation of the lesse and his family and servants and for no other purpose".

This seems weird and would seem mutaully exclusive, if subletting is forbidden, why talk about in the deed and to ensure 'subletters' pay rent? The deed of the house has a full page on subletting the perperty.

I am very confused by this, can anyone enlighten me?

Sorry for the bad spelling, its too late at night...

[Gordon999]

You should be using a conveyancing solicitor experienced in transfers of leasehold property and able to advise you on the correct meaning of lease conditions . You must ask your solicitor to explain or confirm if you can sublet under the terms of the lease if that is what you are concerned about.

You should check the names of the freehold company and its managing agent and check if their names have been raised in this forum as causing problems to other leaseholders.

I agree with you that from the "parts of the lease you have quoted" in the section called " lessee convenants ........" , you are not allowed to transfer or sublet just "part" of the property. Where a transfer is arranged it must be on terms equal to the existing lease ( e.g not at a lower ground rent )

Also the leasehold property must be used for "private residence only" and not used for operating any business e.g home tailoring , hairdressing etc.

Ask your solicitor : Is there any clause to say lessee is required to seek the lessor's consent for subletting or to pay for serving notice of subletting?

.

[hahahabubu]

Thanx... But what about the second part where it say the house can only be used by me? Does that not conflict with the first part?

Thanks!

Huz

[jeffrey]

Where a transfer is arranged it must be on terms equal to the existing lease ( e.g not at a lower ground rent ).
Gordon: what does that mean?
A transfer disposes of all V's interest- so P then owns exactly what V owned.
An underlease is different. Is that what you tried to explain?