Yes it does
Thank you for you reply it say that in the lease. I have scanned the pages that covers that , Also I copied the part that covers underletting .
would you please be so kind to explain to me if I am allowed to Sublease or Sublet. I would like to know all my option
Thank you in Advance
133-1 The Tenant shall not assign the whole of this lease without the consent of theLandlord, such consent not to be unreasonably withheld-
182 The Tenant shall not assign part only of this lease.
18.3 The Landlord and the Tenant agree that for the purposes of section 19(1A) of theLandlord and Tenant Act 1927 the Landlord may give its consent to an aSSlQnmentsubject to all or any of the following conditions:
(a) a condition that the assignor (and any former tenant who because of section11 of the Landlord and Tenant (Covenants) Act 1995 has “0t been release‘jfrom the tenant covenants ofthis lease) enters into an authorised guaranteeagreement which:(i) is in respect of all the tenant covenants of this lease;(ii) is in respect of the period beginning with the date the assigneebecomes bound by those covenants and ending on the date whenthe assignee is released from those covenants by virtue of section 5of the Landlord and Tenant (Covenants) Act 1995; ‘(iii) imposes principal debtor liability on the assignor (and any formertenant);' (iv) requires (in the event of a disclaimer of liability under this lease) the' assignor (or former tenant as the case may be) to enter into a newtenancy for a term equal to the unexpired residue of the ContractualTerm; and(v) is othenivise in a form reasonably required by the Landlord; and(b) a condition that a person of standing acceptable to the Landlq" enters intoa guarantee and indemnity of the tenant covenants of this lease in the formreasonably reqUIred by the Landlord (but with such amendments andadditions as the Landlord may reasonably require).
18.4 The Landlord and the Tenant agree that for the purposes of section 19(1A) of theLandlord and Tenant Act 1927 the Landlord may refuse its consent to an assignmentif any Annual Rent or other money due under this lease is outstanding.
19. UNDERLETHNGS _19.1 The Tenant shall not underlet the whole of the Property excel?t in accordance With .this clause 19 nor without the consent of the Landlord, such consent not to be g:unreasonably withheld.19.2 The Tenant shall not underlet part only of the Property save that the Tenant mayunderlet the self—contained residential accommodation within the Property on anassured shorthold tenancy in the occupation of one family at a market rent and for aterm not exceeding twelve months19.3 The Tenant shall not underlet the Properly: 3(a) together with any property or any right over property that is not included :within this lease(b) at a ﬁne or premium or reverse premium :(c) allowing any rent free period to the undertenant that exceeds the period as ‘is then usual in the open market in respect of such a letting(d) without the Tenant having ﬁrst procured that the prospective undertenant .has entered into such conﬁdentiality undertakings with the Landlord ’regarding the proposed underlease that the Landlord may in its absolute -discretion require19.4 The Tenant shall not underlet the Property unless. before the underlease is granted,the Tenant has given the Landlord:(a) a certiﬁed copy of the notice served on the undertenant. as required bysection 38A(3)(a) of the 1954 Act, applying to the tenancy to be created bythe underlease; and ;(b) a certiﬁed copy of the declaration or statutory declaration made by theundertenant in accordance with the requirements of section 38A(3)(b) of the1954 Act. I19.5 Any underletiing by the Tenant shall be by deed and shall Include: .(a) an agreement between the Tenant and the under-tenant that the provisions of sections 24 to 28 of the 1954 Act are excluded from applying to the ‘tenancy created by the underleasa; '(b) the reservation of a rent which is not less than the full open market rental Lvalue the at the date the Property is undertgt and which is ‘ payable at the same times as the Annual Rent under this lease (but thisshau not prevent an underlease providing for a rent-free period of a lengthpermitted by clause 19.3(c)):
to) provisions for the review of rent at the same dates and on the same basisas the review of rent in this lease, unless the term of the underlease doesnot extend beyond the next Review Date;
(d) a covenant by the undertenant, enforceable by and expressed to beenforceable by the Landlord (as superior landlord at the date of grant) andits successors in title in their own right, to observe and perform the tenantcovenants in the underlease and any document that is supplemental orcollateral to it and the tenant covenants in this lease, except the covenantsto pay the rents reserved by this lease;
(e) provisions requiring the consent of the Landlord to be obtained in respect ofany matter for which the consent of the Landlord is required under thislease; and
(f) in the case of an underlease that is not substantively registrable at H M.Land Registry, a covenant by the undertenant not to register any notice ofthe underlease at H. M. Land Registry,
and shall otherwise be consistent with and include tenant covenants no less onerous(other than as to the Annual Rent) than those in this tease and in a form approved bythe Landlord, such approval not to be unreasonably withheld.
LG In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of theunderlease without the consent of the Landlord, such consent not to beunreasonably withheld;
(b) enforce the tenant covenants in the underlease and not waive any of themnor allow any reduction in the rent payable under the underlease;
(0) ensure that in relation to any rent review the revised rent is not agreedwithout the approval of the Landlord, such approval not to be unreasonablywithheld; and
(d) where the underlease is not substantively registrable at H. M. LandRegistry, not register or agree to the registration of any notice of theunderlease.
Thank you for you reply, I am trying to get clean break .I have two interested buyers is just the price they are offering . is just the price they are offering is quite low if I can transfer in couple of weeks then I might be left with some money after paying debts if it takes months then probably won't be left with any
He is very sound , but he asked me to speak to the lanlord and ask him if he wants to sell the free hold before he makes me an offer is this normal ?
I have spoken to the landlord , he sent me this email
1. Should you wish to assign the lease then that should not be a problem subject to the suitability of the assignee and references
2. As you are assigning the lease then we will expect you to pay our legal fees
He said if they are interested in the freehold they need to call him.
The lease is 10 years protected I have 6 years left