TonyBlair Posted September 2, 2011 Report Share Posted September 2, 2011 Hi, Recent joiner and have been unable to find this raised elsewhere so would be grateful for sound advice. I bought an apartment in a purpose-built block of 30 similar properties on a 125 year lease 3 years ago in order to let it. The terms of the original lease (about 40 years old) were that subletting was not permitted. I queried this with the management committee and my solicitor prior to purchase. The committee stated that sub-letting would be in order. My solicitor said that legislation since this lease made the restriction on sub-letting unlawful/unenforceable/redundant/no longer relevant anyway (was this the Housing Act or somesuch?) as it represents some form of unreasonable restriction. About 7 of the apartments are now sublet in this way and some of the 23 or so remaining owner occupiers are becoming anxious that this might lead to a change in the character of the community. Can anyone confirm whether current legislation / regulation overrides local covenants / terms of pre-existing leases of this type and of this sort of age. If so, can you point me to the specific law on this matter or to somewhere I might find the definitive position so I can demonstrate the position to the committee? Thanks in anticipation Tony (not that one!) Link to comment Share on other sites More sharing options...
Melboy Posted September 2, 2011 Report Share Posted September 2, 2011 I would have said the new leasing arrangements took precedence over the old lease. Others may know better than me. If people are concerned about sub letting then would it not have been wise to ensure that the new legal lease contained the facts regarding the sub-letting arrangements without having to rely on a committee? I do know of a similar thing happening around here where a new private apartment block of flats that was bought by people thinking that they could enjoy their flats and apartments only to find that in the last 3 years it is filling up with some non-desirables through owners not being able to pay their mortgage so thereby becoming landlord's and letting out to the local council who then proceed to fill these flats up with, shall I say, people who don't quite think like the present owners when it comes to apartment living. In fact, I know of this one person who took a massive drop and loss just to get out of this apartment block because they couldn't stand it any longer. Mel. Link to comment Share on other sites More sharing options...
TonyBlair Posted September 2, 2011 Author Report Share Posted September 2, 2011 Not sure if this is what I was seeking but thanks anyway, Mel. To clarify, I'm particularly interested in knowing whether and, if so, how any related legislation, enacted since the sixties, supersedes previously existing constraints within a lease, on a leasholder which now frees him/her to sub-let an apartment to a tenant despite a restriction clause within the lease. I gather this is now the case and that it may be part of the Housing Act or somesuch. See detail in original post. Any advice specific to this would be very helpful. Many thanks once more, rgds, Tony Link to comment Share on other sites More sharing options...
Grampa Posted September 3, 2011 Report Share Posted September 3, 2011 You may get your answers from here. http://www.landlordzone.co.uk/forums/forumdisplay.php?11-Long-Leasehold-Questions Link to comment Share on other sites More sharing options...
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