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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10772
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Letting out a leasehold flat

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We are three owner occupied converted flats in one house,leasehold with one third share each of the freehold. Can one of the flats let his property without the permission of the other two co lessees and freeholders? Building converted into flats in 1982 and to date all three flats have been bought/sold as owner occupied . Lease forbids the carrying on of a trade in the flats-does letting out constitute a trade?

Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
A covenant prohibiting the carrying on of a trade would not prevent the Flat from being rented out.
You will need to check the Lease to see if it prohibits "sub-letting".
Only if such a covenant exists would the renting out of the Flat not be permissible, and the other Freeholders consent would be needed.
If there is no such clause prohibiting sub-letting, then the party is free to rent out his Flat.
I hope this assists and answers your question.
Kind Regards
Customer: replied 3 years ago.

Clause 17 of my lease states "Not at any time to assign sub-let or part

with possession of part only of the demised premises and not during the last seven years of the term to underlet assign or part with the possession of the whole of the demised premises or any part thereof"

What exactly does this mean?Can my neighbour still let out his flat?

Hi Martin,
Thanks for your reply.
Clause 17 means your neighbour can't rent out or sell PART of his Flat, as opposed to the whole of it.
Also, in the last 7 years of his long term Lease (which is likely to be many years in future), not to rent out the property at all.
Therefore, I'm afraid he is able to rent out his Flat as a whole-ie he can rent out the whole of the flat to a third party but could not rent out, for example, one bedroom on its own, at any time up to the last 7 years of his Lease.
I am sorry this is not the answer you were looking for, but sets out the legal position.
Kind Regards
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