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Hi everyone,
I would very much appreciate as many takes as possible on what I'm about to raise - I'm currently in the process of buying a leasehold property (1 flat in a building of 6).
It's been difficult to get any sort of advice from my Solicitors, rather they seem to just be ticking the boxes needed to complete the process. Right now I'm approaching the stage of exchanging contracts (not yet given the go ahead).
The flat I'm buying is 2 bedrooms and I'll be living alone to begin with. Given that I'll have a spare room, I'd like the option to have a lodger (most likely a friend) stay with me and pay rent/contribute towards bills.
The issue I'm facing is interpreting the clauses within my lease that are supposedly stopping me from having a lodger.
I've spoken with the Managing Agency of the building and also had my solicitor follow up to ask if a lodger is permitted, but both times the MA have said that I cannot sublet/underlet part of the property - I can either sublet/underlet the entire property, or none at all.
Where this is clear in regards to sublets/underlets, it doesn't specify anything for "lodgers" who I thought would be a different scenario as they'd receive less rights over the property in comparison to a sublet/underlet.
To confirm this, I spoke with the Leasehold Advisory Service (https://www.lease-advice.org) to find out if a lodger counts as a sublet/underlet (a question my solicitor is still avoiding). During the call I had with the Advisory Service, they told me that a lodger would not be a sublet or underlet - even after telling my solicitor about the conversion, they told me that it was not possible due to the inability to sublet part of the property (again avoiding confirmation of whether or not they believe a lodger to be a sublet/underlet).
I've been quoted the clause below in all of the correspondence that has deemed it "not possible" and am not getting any clarity on whether or not having a lodger stay with me would be operating outside of the terms of my lease causing any LEGAL problems?
As many takes on this as possible would be greatly appreciated as it's becoming more and more of a stressful subject to handle as time goes on.
The clause being quoted to me is Clause 25.1, but I've included some others that may be relevant to my case.
8th Schedule, Part 1, Clause 25: Not at any time during the Term:
Thank you and Best Regards!
I would very much appreciate as many takes as possible on what I'm about to raise - I'm currently in the process of buying a leasehold property (1 flat in a building of 6).
It's been difficult to get any sort of advice from my Solicitors, rather they seem to just be ticking the boxes needed to complete the process. Right now I'm approaching the stage of exchanging contracts (not yet given the go ahead).
The flat I'm buying is 2 bedrooms and I'll be living alone to begin with. Given that I'll have a spare room, I'd like the option to have a lodger (most likely a friend) stay with me and pay rent/contribute towards bills.
The issue I'm facing is interpreting the clauses within my lease that are supposedly stopping me from having a lodger.
I've spoken with the Managing Agency of the building and also had my solicitor follow up to ask if a lodger is permitted, but both times the MA have said that I cannot sublet/underlet part of the property - I can either sublet/underlet the entire property, or none at all.
Where this is clear in regards to sublets/underlets, it doesn't specify anything for "lodgers" who I thought would be a different scenario as they'd receive less rights over the property in comparison to a sublet/underlet.
To confirm this, I spoke with the Leasehold Advisory Service (https://www.lease-advice.org) to find out if a lodger counts as a sublet/underlet (a question my solicitor is still avoiding). During the call I had with the Advisory Service, they told me that a lodger would not be a sublet or underlet - even after telling my solicitor about the conversion, they told me that it was not possible due to the inability to sublet part of the property (again avoiding confirmation of whether or not they believe a lodger to be a sublet/underlet).
I've been quoted the clause below in all of the correspondence that has deemed it "not possible" and am not getting any clarity on whether or not having a lodger stay with me would be operating outside of the terms of my lease causing any LEGAL problems?
As many takes on this as possible would be greatly appreciated as it's becoming more and more of a stressful subject to handle as time goes on.
The clause being quoted to me is Clause 25.1, but I've included some others that may be relevant to my case.
8th Schedule, Part 1, Clause 25: Not at any time during the Term:
- 25.1: Not at any time during the Term: under-let the whole or any part of the Demised Premises save that an under-letting of the whole of the Demised Premises is permitted in the case of an assured shorthold tenancy agreement (or any other form of agreement which does not create any right of tenure for the tenant) without the prior written consent of the Manager or its agents (such consent not to be unreasonably withheld or delayed"
- 25.2: Grant any under-lease of the whole or any part of the Demised Premises save that an under-lease of the whole of the Demised Premises is permitted with the prior written consent of the Manager or its agents (such consent not to be unreasonably withheld or delayed)
- 25.3 Separately assign transfer or part with the possession or occupation of any part or parts of the Demised Premises but only to assign transfer or part with the possession thereof as a whole and not to assign transfer or part with the possession or occupation of the Demised Premises during the last seven years of the Term without the prior written consent of the Manager or its agents (such consent not to be unreasonably withheld or
delayed)
- Not to use or suffer to be used the Demised Premises for any purpose whatsoever other than as a private residence for occupation by a single household and in particular not to carry on or permit or suffer to be carried on in or from the Demised Premises any trade business or profession
Thank you and Best Regards!
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