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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6935
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My lease stats not at anytime during the term hereby granted

Resolved Question:

My lease stats not at anytime during the term hereby granted to assign underlet or part with possession of part only of the demised premises and during the last seven years of said term not to assign under let or part with possession of the demised premises without the previous consent in writing of the landlord such consent not to be unreasonably withheld...We have sublet the whole flat to the council who are using it for temporary accommodation. The freeholders has stated we did not seek permission to sublet. But my understanding of the above clause is that we cannot part sublet (which is a bedroom) without consent? If we choose to sublet the whole flat we do not need permission?
Submitted: 1 month ago.
Category: Law
Expert:  Michael Holly replied 1 month ago.

Dear *****

The first section of the term in the lease states that you cannot assign etc. PART only of the demised premises. This would allow you to let the whole of it.

The second section states that during the last 7 years of the lease you are not to assign or underlet ...possession of the demised premises without stipulating whether they are referring to part or whole.

Provided you are not in the last 7 years of the term of the lease you do not need permission to sublet the whole of the premises.

Any ambiguity works against the freeholders.

If there are any further points please respond I will be happy to reply.

Kindly accept or rate my answer on the system so I get credit for my time.

Best wishes

Michael

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