View Full Version : Renting out of flat - Leasehold Restriction

19-12-2011, 14:56 PM
The situation

I live in a 5 flat Georgian converted property, we are all outright owners of each flat with all 5 of us owning part of the managemnet company and Freehold.

One owner wishes to rent out their flat rather then live in it themselves.

Looking at our leasehold I can't tell whether or not this is allowed.

I've pasted it below, can anyone help advise ?

a) Not to assign transfer underlet ( save under an assured shorthold tenacy or any similiar determinable short term tenacy) or part with possession of part only of the premises but this clause shall not prevent an assignment or underlease of the whole of the premises

b)not to assign transfer or underlet ( save as aforsaid) the premises unless the assignee transferee or unerlessee shall at the same time take a Transfer of the Lessee's share in the management Company and immeadiatly afterwards lodge such Transfer with the Management company for registration

c) within two months of any permitted assigment underlease (save as aforsaid) mortgage charge or devolution of the Lessee's interest in the premisses to give notice of it in writting to the Lessor or it's solicitors and pay a reasonable registration fee on demand

19-12-2011, 17:13 PM
Both (b) & (c) say 'save as aforsaid' which excepts something said afore. (a) says 'save under an assured shorthold tenancy or any similiar determinable short term tenancy'. Thus AST's are allowed, and you don't even have to notify Lessor or pay any fee.

20-12-2011, 17:06 PM
Damn thats a big shame as she has put wood flooring throughout her flat so the noise will be terrible...many thanks for translating lease though

20-12-2011, 17:31 PM
Damn that's a big shame as she has put wood flooring throughout her flat so the noise will be terrible...many thanks for translating lease though

Who occupies the premises is irrelevant to wood flooring if this is a breach of the lease or a nuisance.

21-12-2011, 09:29 AM
Thanks again for the advise on this lease

Sorry but another questions, what would be the process ( do all 5 people in the flat need to agree or just a majority ) for trying to change the lease, would this need to go to a solicitor ( what type of solicitor ) or is it something that can be done by post to whoever looks after the lease ?

I would like to have the line below crossed out

( save under an assured shorthold tenacy or any similiar determinable short term tenacy)

21-12-2011, 09:45 AM
Introducing a restriction on subletting for the whole, let alone part, is going to make the flats unattractive to many buyers and affect your inevitable re sale value.

Far better that if you amend the lease, that you at least ask that consent first be given, on which sensible restrictions can be made, and looking at the clauses in the lease that control behaviour eg pets noise music etc,consents can be conditional on the sub tenant entering into a deed which duplicates those clauses.

If you update those clauses and add them to the lease by way of a new schedule, then all an owner need do is print that off, put in their names, the freeholders name and sub tenants name and have everyone sign it.

More info here http://www.lease-advice.org/information/faqs/#LeaseVariations

21-12-2011, 13:09 PM
I would advise you not to amend the lease to prevent owners from renting the properties out as this will make it extremely unattractive when you sell. I know a flat which stayed on the market for more than 18 months because of a clause in the lease that prevented the owner from renting it out. The price dropped considerably and they finally sold the flat for 30% less than it was worth. So my advice is not to amend the lease.

Why are you concerned about having tenants above you because of the wood floor? Whether the occupiers are tenants or owners, they will walk around and this will make noise regardless.

22-12-2011, 12:40 PM
Ahhh thanks guys good info,

I've found an extra item in the lease that states each flat has to have carpets and underlay throughout their flat...she has had wood flooring put in.

She is refusing to replace this with carpets and underlay.

Any idea how I would go about enforcing the lease ? Would I have to pay a solcitor, any idea how much enforcing something like this would cost ?

23-12-2011, 02:45 AM
Noise is often a problem in conversions of old houses when nothing has been done to improve the sound indulation between units.

I guess you would have to write a letter to the freehold company -

1. making a formal complaint of excessive noise and

2. give a record of times when disturbed by noise.

3. point out clause in lease which requires rooms to be carpeted
and the flat above in in breach of the lease.

4. request the freehold company to enforce the lease and remove the breach..

23-12-2011, 09:40 AM
Well that's just it, we all own the Freehold between us... but none of us know how we can enforce the lease.

Sure we can ask her to change the floor but she's refused, it's a breach of the lease but so what I can't force her too.

Do I need to go to a solictor or is there some type of enforcing body that looks after leases ?