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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10635
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I need help interpreting one paragraph of my lease as I am

Resolved Question:

I need help interpreting one paragraph of my lease as I am not sure what it means exactly. Can you help?
Submitted: 25 days ago.
Category: Property Law
Expert:  Aston Lawyer replied 25 days ago.

H​i, which paragraph do you need assistance with? Al

Customer: replied 25 days ago.
Hello, paragraph 12 a) and b) please. I have been renting my flat to a professional couple for 2 years and want to make sure am not in breach of contract. 3 flats out of 6 are also rented in the building. My lease is 115 years long.
Customer: replied 25 days ago.
I want to know what the subletting restrictions/procedure are in section 12 as I find the wording confusing.
Expert:  Aston Lawyer replied 25 days ago.

Hi, thanks for your reply. Section 12 is merely referring to what you can and can not do in the last 7 years of the Lease, and which is pretty standard wording. So, there should be another section in the Lease which stipulates whether you can rent out the property. Could you have a look at the Lease and send me the relevant page if you can find it? Al

Customer: replied 25 days ago.
Thank you Al this is most useful. So paragraph 12.b also relates to the last 7 years of the lease?
Attached paragraph 4 with mention of lodgers and boarders. No other mention of subletting in the lease.
Many thanks,
Anne
Expert:  Aston Lawyer replied 25 days ago.

Hi, thanks. Section 12 a) relates to the last 7 years of your Lease. Section 12 b) does cover any transactions during the Lease. From the second page you have emailed me, it is clear to me that you are entitled to rent out the property and you are merely forbidden for living there yourself and also taking in a lodger.

So, if you are merely renting out, you are perfectly entitled to do so.

You should also notify the Freeholder if you are renting it out, as specified in section 12 b). This is so they know who is living there and so they can obtain your alternative address to which demands for ground rent and service charge can be sent. They can't take any enforcement action against you if you have not given them notice, but it is best practice to give the Freeholder notice.

I hope this assists. If so, please would you rate my answer in the top right hand corner of your screen, so I can get credited for my time. Thanks Al

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Customer: replied 25 days ago.
Thank you so much for your answer Al. This is most useful. I haven't given notice to the freeholders actually but the management company have contact details of my tenants. All best,
Anne