r0b
01-06-2010, 21:26 PM
Hi,
I'm looking at buying a flat to live in the short term but would like to rent it in the future. I've been sorted the mortgage and paid for valuations etc but while checking over the lease document I have seen the below information. Where exactly does that leave me could I rent it or am I better off pulling out now and just loosing booking fees/valuation costs than buying a flat that I will just have to sell on?
Assignment or sub-letting
10(a) Not to underlet or part with or share possession of any part of the Flat (as distinct from the whole) in any way whatsoever.
(b) Not to underlet the Flat without the prior written consent of the Company.
(c) Not to assign underlet or part possesion of the Flat as a whole without first procuring that the asignee or underlessee enters into a direct covenant with the Company to observe and perform the covenants and conditions hereto and to be subject to compliance by the Lessee with the provisions of paragraphs 11 and 12 of this schedule.
11. Not at any time during the term hereby granted to underlet or permit the Flat to be underlet except upon terms that the undertenant shall be liable to pay throughout the term of such underlease not less than the aggregate of the rents hereby reserved and the Service Charge and the Estate Charge.
Covenants in assignments and underleases
12. To cause to be inserted in every underlease (whether mediate or immediate) except in the case of a sub-letting at a rack rent without payment of a premium for a period not exceeding seven years a covenant by the underlessee with the Company and with the Lessee to observe and perform all the covenants and conditions in this Lease contained (except the covenants for the payment of rent, Service Charge and Estate Charge) with a condition permitting re-entry in case of any breach of any of the said covenants or conditions ( except as aforesaid)
I'm looking at buying a flat to live in the short term but would like to rent it in the future. I've been sorted the mortgage and paid for valuations etc but while checking over the lease document I have seen the below information. Where exactly does that leave me could I rent it or am I better off pulling out now and just loosing booking fees/valuation costs than buying a flat that I will just have to sell on?
Assignment or sub-letting
10(a) Not to underlet or part with or share possession of any part of the Flat (as distinct from the whole) in any way whatsoever.
(b) Not to underlet the Flat without the prior written consent of the Company.
(c) Not to assign underlet or part possesion of the Flat as a whole without first procuring that the asignee or underlessee enters into a direct covenant with the Company to observe and perform the covenants and conditions hereto and to be subject to compliance by the Lessee with the provisions of paragraphs 11 and 12 of this schedule.
11. Not at any time during the term hereby granted to underlet or permit the Flat to be underlet except upon terms that the undertenant shall be liable to pay throughout the term of such underlease not less than the aggregate of the rents hereby reserved and the Service Charge and the Estate Charge.
Covenants in assignments and underleases
12. To cause to be inserted in every underlease (whether mediate or immediate) except in the case of a sub-letting at a rack rent without payment of a premium for a period not exceeding seven years a covenant by the underlessee with the Company and with the Lessee to observe and perform all the covenants and conditions in this Lease contained (except the covenants for the payment of rent, Service Charge and Estate Charge) with a condition permitting re-entry in case of any breach of any of the said covenants or conditions ( except as aforesaid)