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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10455
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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The lease on my flat, built 1979, states in Sec III the property

Resolved Question:

The lease on my flat, built 1979, states in Sec III the property is for use by one family (owner) on a permanent basis, does this rule out sub letting or would this clause not stand up in a court of law.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

The clause you quote would not prevent you letting out the property- however, any such Tenants should be from one family, preventing you from renting out to say some students.

As regards ***** ***** there has to be a separate clause prohibiting Underletting for the Freeholder to prevent you doing so. If there is no such clause in your Lease, you are free to underlet the property.

I hope this assists you and answers your question.

Kind Regards

Al

Customer: replied 2 years ago.

For Aston Lawyer - just seen your reply. The query does not relate to my wanting to rent my property, it concerns other flat owners who wish to rent - I oppose. The actual wording in the lease is ....Not to use the demised premises or permit the same to be used for any illegal or immoral purpose or for any purpose whatsoever other as a private residence in the occupation of one family only.... The property, originally Leasehold, is now Freehold. Flat owners own one eighth share of the freehold. The company is registered with Companies House. I am one of the two directors managing the company. Hope this additional info helps.

Expert:  Aston Lawyer replied 2 years ago.

Hi David,

Thanks for your reply.

The clause you quote does not prevent any of the Leaseholders from renting out.

Only if the Leases contain another clause stating "the property shall not be underlet" would it prohibit the Leaseholders renting out.

What your quoted clause does mean, however, is that as the property is only to be used "as a private residence in the occupation of one family", this does mean the property shall only be occupied as such, and would prevent any of the Leaseholders renting out to 2 or more unrelated people.

I hope this clarifies matters.

Kind Regards

Al

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