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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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I am the owner of a flat in a block of 8 flats. We have share

Customer Question

I am the owner of a flat in a block of 8 flats. We have share of freehold. The lease though still has an old clause from the time the block was leasehold that has states the lessee can not sub let the flat etc. But my solicitor informed me that i could go ahead and lease my flat as the wording in that clause no longer applied as i am now share of freeholder ie i own my part of the property and therefore. Also 6 years ago i did infact lease it out for 18 months and no one took me to court. We have no management one of the flat owners does all the admin and management of the building, she said i couldnt lease it because of that clause but my solicitor said to ignore her threats as the clause no longer applied. I did and as i say no one took me to court. Just want to know is he right ? And if so would you explain legally why hes right ? Thank you
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
You are now a freeholder, and therefore not a lease holder. Therefore, the terms of the lease do no apply as there is no leasehold interest to attach to. There should be a new freehold agreement with new terms and conditions and I expect there is no restriction on subletting.
I hope this helps but please feel free to ask furrther questions