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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16425
Experience:  I have been practising for 30 years.
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I am a flat leaseholder and my property management company

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Hi there, I am a flat leaseholder and my property management company will not give licence to let until I show them that my mortgage provider has agreed to me letting the property. Do they have the right to make this check? What if I had bought the fault outright with no mortgage provider?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: ...Thank you
Assistant: Where is the flat located?
Customer: London uk
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: That's all

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

and have you contacted your mortgage company?

did you ask if you can let your leasehold flat out when buying?

Customer: replied 1 year ago.
Hi, I have not contacted my mortgage company yet and I definitely do need to let them know I'm now renting the property as it's is part of my agreement with them....I have no objection to this.My question and objection is really whether the property management company have the right to ENFORCE that this has happened? What does my agreement with my mortgage provider have to do with my property management company?I feel I'm being strongarmed into complying, when they may not have the right to police the arrangement I have with my mortgage provider.Am I being strongarmed or do they have the right?Kind regards

They are self imposing the rule BUT you do have to get the lender’s consent otherwise the tenancy is illegal and there will be a provision in the lease not to do anything which is illegal.

Depending on the terms of the lease allowing you to sublet, it may be that consent cannot be unreasonably withheld or delayed in which case, you could argue this is unreasonable but it’s more likely that you cannot let without the landlord’s consent and no more, and if that’s the case, they are at liberty to impose whatever terms they like including sight of this permission.

They can usually also charge you for the consent but only if it says so in the lease.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help, it makes perfect sense. Will definitely leave you feedback, regards.