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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Im a landlord and in the lease of my property (flat) it says

Customer Question

I'm a landlord and in the lease of my property (flat) it says "no letting to students or holiday lets". Is that legally enforceable? Whilst I am not intending holiday lets, I have an applicant for the tenancy who is a student, whom I'd like to consider, he's a nice, quiet and considerate chap and I cannot see, how he would disturb the other occupants of the house.
Thanks for your answer.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
What is the exact wording please?
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends. 
You mean this is a leasehold flat?
Customer: replied 4 years ago.
Hi there, did you get my reply to your question, I've replied via my mail rather than here, but not sure what the best way is.
Expert:  James Mather replied 4 years ago.
I don't get anything that you reply by email, it must go on here. Thank you
Customer: replied 4 years ago.
The wording is:
In accordance with the lease agreement, the leaseholders may under no circumstances let to students or holiday lets.

This is taken from the house rules, the actual lease papers are not with me at present, if you need those, then we need to postpone the session, please.

There will be an owners' meeting on the 15th of Oct, where I can ask for consent to letting to a student, but I wanted to know before, what my options are, if consent is declined.
The purpose of the house rules is, amongst other things, to keep noise to an acceptable level and I guess the students and holiday lets clause is out of fear, that those "groups" will care less than others; if I add the house rules as an addendum to the tenancy contract, then I can't see, why I should not let to a responsible student; but I don't want to risk being in breech of my leasehold.
What could happen, if I give a student a 6 month contract and the other leaseholders disagree, what can they legally do "against" me?

Thanks, I hope that helps
Expert:  James Mather replied 4 years ago.


I am going to need to know what is in the lease please.

What exactly is this "lease agreement"?

how long have you owned this property?

how old is it?

the reason I ask is that if what you call the lease agreement is actually "an agreement for lease" and that provision is in the agreement for lease then it should be reflected in the lease .

if it is not reflected in the lease, the lease is the definitive document and there is nothing in the lease about it, and it cannot be enforced .

if it is in the lease, then it can be enforced however there has to be a definition of students and that has to be a definition of holiday let otherwise it will not be enforceable.

Customer: replied 4 years ago.
I have owned the flat in the property since 1997, the property is from 1789 (roughly). It's a leasehold flat and my lease is > 900 yrs.
As you suggested, I will look for the actual deeds of the property, and then come back to you, with the exact wording in the lease, so you can give me an answer on those facts.
I hope that is ok with you.
Expert:  James Mather replied 4 years ago.

No problem at all.

That is absolutely fine.

It is obviously not therefore an agreement for lease. That is

It seems likely that it is some kind of self-imposed kind of "letting
rules" (house rules) conjured up by the freeholders or the management company
but unless it is in the lease, it is not enforceable.

Even if 99% of the leaseholders want this condition, it cannot be
forced, it has to be 100% and then it has to be done by a deed of variation all
the leases.

Assuming that it is in the lease (it isn't, they cannot impose it,
full stop.), I think there is still a problem enforcing it.

Does it say full-time student or student. What about a part-time
student who also works. When I went to law college, I worked for a solicitor
and I was also a part-time student (actually I was classed as a full-time
student even though I went in half a day or days each week, it was classed as a
full-time course).

Therefore would you not be allowed to let to me because I was
attending college?

How do we define "holiday".

You can see there are various problems in enforcing it even if it
is in the lease.

Let's see what the lease says and we will go from there.

Kind regards