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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10776
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am buying a flat which is leasehold with share of

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Hi I am buying a flat which is leasehold with share of freehold.
The lease states I cannot sub-let, however I was planning on having my best friend as a lodger, I understand sub-let and lodger to be different.
However, there is also a clause which says property cannot be used for anything other than the private dwelling of a single family only. So this means I cannot have a lodger, my best friend? This seems silly to me. Is there anything I can do, request a variation?

Hi, thanks for your enquiry. I'm afraid a lot of Leases prohibit the sharing of the property with a third party or renting out. The only thing you can do is to see if you can get a Deed of Variation agreed- I would suggest that you make this request to the Seller sooner rather than later. I must say it is unlikely that you will get the appropriate consent as this would open the door for other Leaseholders in the future to ask for similar consent. I'm afraid you may have to look for another flat- it is of course too risky for you to proceed without formal consent, as you would potentially have the possibility of having the Lease forfeited if you were to complete the purchase and then let a lodger live there, without consent. I am sorry this is not the answer you were looking for, but it sets out the legal position. If I have helped, please don't forget to rate my answer. Kind Regards Al

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