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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are in the process of selling our house,it was

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Hi, We are in the process of selling our house,it was indicated that we would be able to exchange contracts this week. Today we have found out that the new buyers want to rent the flat out. The Chairperson of the Management committee (we have 1/24th of Freehold) and there is an AGM each year, wants to charge the buyer £300 and wants to vet the prospected tenants and look at the tenancy agreements. I have looked at the 1925 Property Act and the 1927 act.It states a reasonable admin charge for the certificate but no mention of the vetted tenancy agreements. My partner is recovering from a brain bleed and I am trying to keep him calm, Thank you very much in advance ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You need to see exactly what your Lease says as to whether the Chairperson can indeed make these stipulations.

Do you have your Lease to hand, and let me know whether there is any covenant prohibiting the renting out of the Flat or if not, are there any conditions which need to be met before the Flat is rented out?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi Aston Lawyer,

I have attached the lease covenant about letting the flat, the lease states there is no reason or conditions to be met before the flat is rented out, if you need more info please ask,

Regards Donna

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
You are correct, they can charge a 'reasonable' fee for allowing you to sublet. But there is nothing in the Act that says they can vet tenants or the agreement.
What they could do is seek to make you responsible as Landlord and you couldnt get away from that.
But they do not have the power (unless they have freehold rules which have been voted on) to vet the tenant or agreement.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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