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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am soon going to move from the UK to the US with

Resolved Question:

I am soon going to move from the UK to the US for work with my wife, I own a 2 bedroom flast in a victorian house containing 2 flats, the ground floor flat is owned and occupied by the FreeHolder - I am a leaseholder with 99 years left on the lease.
I will be away for 2 years so I was looking at renting my flat out while I am away, but I am not sure if I am allowed. I looked in the Land Registry Lease Document and found the following entries:
1) Not at any time to assign transfer sub-let or part with possesion of part only of the demised premises or permit or suffer the same to be done.
2) Not at any time during the last seven years of the term hereby granted to assign transfer sub-let or part with the possession of the whole of the demised premises without the previous consent in writing of the Lessor
I read this to mean that I cannot sub rent "Part" of the flat but can sub rent "all" of the flat up until there are only 7 years left of the lease, but is this correct - it's all a bit legal language !
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,Yes, you are correct.The first clause that you read out restricts in all circumstance a person from sub-letting part of the property. Under no circumstances would you be able to sub-let only part of the property.If there is no other clause stating that you must not sub-let the whole of the property, then you can sublet the whole of the property without the consent of the freeholder until you enter the last 7 years of the lease term (which won’t happen obviously).Therefore, unless there is a clause elsewhere restricting subletting the whole then you can let the whole of the property to a tenant because consent is not required of the freeholder.I would still mention it to the freeholder before you actually do it, because if he is likely to kick up a fuss then you want to be in the UK to actually deal with it. Don’t get me wrong, you legally can sublet the whole without his consent but that doesn’t mean he can’t otherwise make things difficult.Kind regards,Tom
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