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Lease question


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I'm in the process of purchasing a flat that I will be letting. However in the lease report from my solicitor, she has noted that "the flat is to be used as a single private residence."

Her view is this would prohibit the letting of the flat to other than a family unit, ie no tenants such as two nurses sharing or students sharing. Clearly if this is the case my market is narrowed considerably.

My guess is she is pointing this out to cover her back and it is not a huge problem, but advice would be gratefully accepted.

Maybe this is standard flat lease stuff, perhaps some of you have some experience?

Many thanks in advance.

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Hi Jungle Jim,

This situation may need looking into further, by this I mean talk to:

1. The Freeholder or Head Leaseholder (if applicable)

2. The Managing Agent for the building (if applicable)

3. Other leaseholders who may have knowledge of other units in the building that

are or have been let out.

It is rare for a building to prohibit outright sub-letting or under-letting. I think the phrase I am looking for is "permission cannot be un-reasonably withheld".

I hope this helps, but try my suggestion in first paragraph.

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Thanks for the advice.

I forgot to mention in my post that the freeholder is a housing association. Should this be ringing any alarm bells?

Thanks again.

Yes, You cannot sublet/rent under the terms of the sale. This is to protect other occupants of the flats and is not uncommon from organisations like Housing Asssociations.

Your Sol. was right to bring this to your attention before proceeding any further.

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