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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I'm in the process of purchasing a 1st floor flat in a

Resolved Question:

Hi, I'm in the process of purchasing a 1st floor flat in a London terrace conversion (ground floor flat, first floor flat) specifically on a buy-to-let basis. Our report has come back and has indicated that the Freeholder has a clause in the lease stating that we must seek his permission to rent the property out. We have asked for this clause to be waived, but the freeholder will not agree to do this. I'm very concerned to invest £380k with a mortgage on a property that needs to be rented out where the freeholder seems to have us over a barrel with this clause and the future sales of the flat with this restrictive clause. Do you have any legally binding options that we could have the freeholder agree to that will protect our investment based on renting this property out? Kind regards, Damien
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Damien,

Thanks for your enquiry.

Does the clause in the Lease put an absolute prohibition on renting out or does it say "not to let, other than with the consent of the Freeholder, such consent not to be unreasonably withheld"?

Kind Regards

Al

Customer: replied 1 year ago.
Hi AI,I have the lease in front of me and it sates "The the lessee will not without the consent of the lessor (which may be granted or withheld as the lessors think fit) grant any underlease or tenancy of the whole of the premises".If useful, I can send you via email the lease, title, deed of variation etc.The following is the from our solicitors report:
h. You cannot part with part only of the premises, as distinct from the whole.i. You are not permitted to play any musical instrument, TV or Radio so as to be audible outside the property between the hours of 12pm and 7am.j. You are not permitted to expose any articles of clothing from the window or place any flower box, pot or other object on the window ledges.k. Upon completion of the sale of this property to you, we must serve notice upon the Landlord/Freeholder notifying them of your interest and that of your Mortgagee. A fee of £240.00 is payable.l. You are not permitted to let the property without the prior written consent of the Landlord/Freeholder. If I had been involved in the drafting of the Deed of Variation I would have requested this clause be removed. I believe that in reality it is not enforced, however you should note that it is still a binding clause and as such you should abide by it. The Landlord is not allowed to unreasonably refuse to issue consent.
Customer: replied 1 year ago.
Hi AI, just checking you saw my reply?
Expert:  Aston Lawyer replied 1 year ago.

Hi, I do apologise for the delay in replying- I had o unexpectedly collect my daughter from school! Where consent is required under the lease to sublet the Freeholder cannot unreasonably withhold consent. For example a reasonable withholding of consent would be where the proposed tenant is a commercial tenant and is likely to break the terms of the lease. The Freeholder is also able to charge a reasonable fee to cover their costs in relation to granting consent. So, your Solicitor is quite correct. In an ideal world, the clause would not be in the Lease, but as it stands, it won't prevent you from renting out the property. I hope this assists and sets your mind at rest. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

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