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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 7217
Experience:  English solicitor with over 12 years experience
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Is it possible to make a variation to a sublease if we

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Is it possible to make a variation to a sublease if we obtain approval from more than 50% of leaseholders
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have not done anything. We have recently bought a flat and we want to air bnb it part time (in accordance with law - 90 day maximum rental etc) and directors have told me to advise the board what needs to be done.
JA: Where is the flat located?
Customer: Westminster in London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 6 months ago.
I want to know procedure, whether we need to register any changes and the cost to register (if required). Thank you
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 6 months ago.
happy to wait

Hello,

Please upload a copy of the sub lease.

Customer: replied 6 months ago.
it should already be uploaded but i will reload now
Customer: replied 6 months ago.
can you let me know how to upload. I can not see where this can be done.
Customer: replied 6 months ago.
attached

Thanks. Is there a prohibition against subletting as I cannot see it?

Customer: replied 6 months ago.
Clause 10 “That the whole and every part of the Demised Premises shall at all times during the said term be used for the purpose of a private residence in one occupation only". I have most other owners happy to consent to sub-letting so long as it is within the law (Westminster council allows it) so i want to know, can i do a variation clause or should I do a new deed of variation and what is the process required?
Customer: replied 6 months ago.
Do we need 50% or 75% approval. This seems to differ depending on what I read. And do I need consent from anyone other than the current owners (Leaseholders). Does any variation need to be registered?

If you will be letting it out as a holiday let to one person only for the entire 90 days period, you could argue that what you are proposing to do is in compliance with the lease.

Customer: replied 6 months ago.
We are doing many 1 week rentals. We want to be able to rent for 90 days per year to many guests.
Customer: replied 6 months ago.
We are happy to have a variance drafted. we just need to know what % of owners need to agree and if we need a deed of variance or if we can just amend one the clause. If we get consent do we need to register the amendment?

As far as approval is concerned, it depends on the Articles of Association of the lessor/housing association as that is an internal matter for them.

The Lessor may simply give you a letter consenting to what you are proposing to do, you do not need to enter into a formal Deed of Variation.

You do not need to register the letter of consent.

Customer: replied 6 months ago.
Thank you

You are welcome.

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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 7217
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Property Law Specialists are ready to help you