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I am not at the stage in life where I afford to pay anyone £300-£400/hour for legal advice, unless perhaps they are a hit man.
The issue is such:
- I recently moved into a new-build apartment under a leasehold agreement, that is one out of approximately 60 that went on sale in the past few months by the same developer.
- As I had my hands full, my parents handled the conveyancing for me, with a solicitor recommended by the property developer.
- Me and parents had very different imaginations about 'how this would all work out'. It's a long-standing difference of opinions that none of us can rise above. My mistake in forgetting to realise this sooner.
- The clause in the leasehold agreement pertaining to lodgers not being allowed, was overlooked. Quite simply, my parents didn't 'think' I would (or want me to) look for a lodger, despite the potential £10 000 extra a year income (the property is in London zone 2). It wasn't just in the leasehold agreement to be honest, but in the main legal report too. It was my fault for not being more careful as well.
That was the context. Now I am looking for options on how to resolve this. A representative of the 'management company' (Rendall&Rittner) clearly stated to me in an email that lodgers are disallowed, according to the following clause in the agreement:
"7.(a) Not to assign transfer let or part with possession of part only of the Apartment"
With little to no experience in these matters (though I have a professional job and do not consider myself 'incompetent'), I am trying to figure out what my next steps/options are:
a) Approach the landlord and/or management company directly? Try to find out who the decision makers are (not just any random representative of the 'management company'), and look for ways to draft up a separate agreement? Or amend the existing agreement?
b) Someone else suggested I get another person to sign the 'license agreement' with the lodger. This would apparently 'bypass' that clause. Is that true?
c) Another suggestion was to put the apartment under a Limited Company? What are opinions on this? Mine is not very good.
d) Just get a lodger 'on-the-quiet', tell no one, etc. no agreement. What are the risks here?
My preferred option is obviously a). So on that note:
I expect the landlord's motives for not wanting leaseholders renting rooms out to lodgers, is that that the landlord wants to avoid the shambles associated with a 'BnB' type arrangement, where you may have multiple strangers at different points in the week being handed the keys to the property, posing an overall risk to the building security, and impacting the 'climate' of the place. They don't want any Tom Dick or Harry just waltzing in and out as they please, people throwing wild parties or playing loud music, etc. The peace & quiet, and 'community feel' of the place was one of it's strong selling points, and was emphasized on their website, and even throughout the leasehold itself in various ways. I actually agree with all of that. I don't want any riffraff moving in either.
So my plan is hopefully to meet those concerns I think the landlord has, tell them this, see if we can meet in the middle. I've just never done something like it in this context and am not very sure of myself, so am looking for opinions and other peoples' experiences (if there are any), and what next steps you would recommend. Do I speak directly to the landlord? Or the management company? (I suspect the latter). Who do I ask to speak to? How do I approach them? What do I ask for? (a new agreement, or an amendment, or something else?).
My attitude towards 'rules' (at work or elsewhere) is that they're made by people, and can equally be unmade by people, and remade. Nothing is set in stone apart from things like gravity. But to do it you need leverage, knowing the right people, and their motives (or sometimes lack thereof). And you need to know what exactly what you're asking for before asking for it. That's the stage I'm trying to figure out.
The issue is such:
- I recently moved into a new-build apartment under a leasehold agreement, that is one out of approximately 60 that went on sale in the past few months by the same developer.
- As I had my hands full, my parents handled the conveyancing for me, with a solicitor recommended by the property developer.
- Me and parents had very different imaginations about 'how this would all work out'. It's a long-standing difference of opinions that none of us can rise above. My mistake in forgetting to realise this sooner.
- The clause in the leasehold agreement pertaining to lodgers not being allowed, was overlooked. Quite simply, my parents didn't 'think' I would (or want me to) look for a lodger, despite the potential £10 000 extra a year income (the property is in London zone 2). It wasn't just in the leasehold agreement to be honest, but in the main legal report too. It was my fault for not being more careful as well.
That was the context. Now I am looking for options on how to resolve this. A representative of the 'management company' (Rendall&Rittner) clearly stated to me in an email that lodgers are disallowed, according to the following clause in the agreement:
"7.(a) Not to assign transfer let or part with possession of part only of the Apartment"
With little to no experience in these matters (though I have a professional job and do not consider myself 'incompetent'), I am trying to figure out what my next steps/options are:
a) Approach the landlord and/or management company directly? Try to find out who the decision makers are (not just any random representative of the 'management company'), and look for ways to draft up a separate agreement? Or amend the existing agreement?
b) Someone else suggested I get another person to sign the 'license agreement' with the lodger. This would apparently 'bypass' that clause. Is that true?
c) Another suggestion was to put the apartment under a Limited Company? What are opinions on this? Mine is not very good.
d) Just get a lodger 'on-the-quiet', tell no one, etc. no agreement. What are the risks here?
My preferred option is obviously a). So on that note:
I expect the landlord's motives for not wanting leaseholders renting rooms out to lodgers, is that that the landlord wants to avoid the shambles associated with a 'BnB' type arrangement, where you may have multiple strangers at different points in the week being handed the keys to the property, posing an overall risk to the building security, and impacting the 'climate' of the place. They don't want any Tom Dick or Harry just waltzing in and out as they please, people throwing wild parties or playing loud music, etc. The peace & quiet, and 'community feel' of the place was one of it's strong selling points, and was emphasized on their website, and even throughout the leasehold itself in various ways. I actually agree with all of that. I don't want any riffraff moving in either.
So my plan is hopefully to meet those concerns I think the landlord has, tell them this, see if we can meet in the middle. I've just never done something like it in this context and am not very sure of myself, so am looking for opinions and other peoples' experiences (if there are any), and what next steps you would recommend. Do I speak directly to the landlord? Or the management company? (I suspect the latter). Who do I ask to speak to? How do I approach them? What do I ask for? (a new agreement, or an amendment, or something else?).
My attitude towards 'rules' (at work or elsewhere) is that they're made by people, and can equally be unmade by people, and remade. Nothing is set in stone apart from things like gravity. But to do it you need leverage, knowing the right people, and their motives (or sometimes lack thereof). And you need to know what exactly what you're asking for before asking for it. That's the stage I'm trying to figure out.
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