PDA

View Full Version : Subletting/ Holiday Rentals



mcknat
22-06-2011, 09:51 AM
I run a business model where I let from Landlords and sublet to holiday renters. I am the named tenant and there is a clause in the agreement stating that I am allowed to sublet.
Normally I go direct to Landlords to build a rapport, however it is not easy so I recently took on 2 properties via an estate agent - a very well reknowned one!! Full disclosure was given about the business including a blurb about the company, what it does, who it lets to. Also full access to the company website.
The contracts were signed by the individual Landlords and witnessed by the letting agent.
One of the Landlords is absoultely fine and wants a piece of the pie come Olympic time ( fair do's).
The other one: the 12 month lease started in May and I have now received a notice from the Landlord sent from the managaing Agents saying that subject to her lease the property should not be sublet for less than 6 months at a time and if I am using for holiday lets it is in breach of her lease and she faces forfeiture!

My clients normally stay for 1 week to maximum 2 months at a a time. Based on my agreement I have block solid forward lettings with clents until the end of August and furthermore I still have 10 months left to run on said agreement.
What on EARTH!!!
Where do I stand given that full closure was given and it was the landlords duty to check all leases were valid before granting me a 1 year contract???

Bel
24-06-2011, 08:25 AM
Did you sign her agents tenancy agreement? or one that you use?

Normally,the tenant would be expected to comply with the head lease. What does the agreement say?

Did you specifically enquire about the head lease and she gave you information that later was proved inaccurate? 'No holiday lets' is pretty standard and should be the first thing you check for.

You want to know if you can ask for compensation for earnings you would have made,if you are now not able to let her property,
or if you are entitled to let anyway, putting her in a possible tricky position.

Proper legal advice is required here.

Bel
27-06-2011, 18:21 PM
This may be of interest to you


http://www.landlordzone.co.uk/forums/showthread.php?22437-Sub-lettings-breaching-Head-Lease-covenants&