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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10779
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am the owner of a property but I have a clause into contract

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I am the owner of a property but I have a clause into contract saying I can't sublet. If someone lives in my flat (I have had to move away for work) but don't pay rent are they still considered to be subletting?
Hello and thanks for using Just Answer.

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

Nearly all Leases for Flats which have a covenant prohibiting you from subletting will also include a clause saying that you should not sublet "or part with possession of the property". If this is the case with your Lease, this is preventing you from allowing any third party to even occupy your Flat while you are away.

You should therefore double check your Lease.

If there is no such covenant preventing you from "parting with possession", which would be unusual, then you would be free to allow someone to occupy it free of charge while you are away.

I hope this answers your question.

Kind Regards

Aston Lawyer and 2 other Property Law Specialists are ready to help you