subletting flat
Submitted by billyboy on Wed, 22/02/2012 - 19:18
Can somebody please help me understand whether I am allowed to sublet my flat without getting the landlord's permission?
The subletting clause says "not to assign underlet part with possession of or allow any other person to use or occupy part of the Flat without the Lessor's written consent not during the last seven years of the term to assign underlet or part with possession of the flat as a whole without the lessor's consent (such consent not to be unreasonably witheld)"
The lease has over 900 years to run.
On the face of it, your lease
On the face of it, your lease allows subletting with permission - but given that you have typed the clause without the benefit of punctuation, it is not easy to tell if that is genuinely the case.
Any chance of you typing it up EXACTLY as it appears within the lease, and include the clause that precedes it and follows it?
Hi Blue View, Thanks for your
Hi Blue View,
Thanks for your comment.
I did type it exactly as it appears in the lease. There is no punctuation.
The preceding clause is:
"to use and occupy the the Flat as a private dwelling in one single or family occupation only and not for any other purpose"
and the following clause:
"to yield up the Flat at the expiry or sooner determination of the said term in such state of repair decoration etc."
I'll tell you what I've been told before and see if you agree. If I want to let the whole of the flat and it's not in the last 7 years of the lease then I don't need permission but if I want to let part of the flat then I need permission.
Does that sound right?
If that is a true
If that is a true presentation of the clauses in your lease, then all I can say is that it is hideously drafted.
The use of commas, and other relevant punctuation, can change the meaning of the clause.
Who knows what the intent is without punctuation.
Hi, Thanks. Yes, I agree. The
Hi,
Thanks. Yes, I agree. The whole lease is like that.
I am told that when a lease is ambiguous that the leaseholder gets the benefit of doubt. Is that right?
Also, if a solicitor writes claiming a certain interpretation of the lease, do you have to write back if you disagree or can you remain silent?
If you wish to sublet your
If you wish to sublet your flat, the easiest position is to write to the freeholder and request the permission that the lease appears to require - it also states permission cannot 'reasonably be withheld'.
The lease as you state it is written, is open to interpretation, but any court that got involved would interpret it in a manner that is seen as reasonable.
I'd suggest if a solicitor writes to you about it, that you reply - but ultimately it is your choice.
Thanks
Thanks for your help
Ask
It would probably be a good idea to ask for permission in writing to your landlord. Remember, the landlord is looking to collect rent one way or another and if you cannot make the payments an need to sublet, make sure to explain the financial details to let the landlord know if he does not allow you to sublet, that there is a good chance he will not receive his rent next month. Source: http://rentalleaseagreement.com