UK Landlord Forum / Life

Hi,

Just wanted to know what this clause from my lease holders lease means, can they sub let?

Not without the licence in writing of the Lessor first obtained to carry on or suffer to be carried on in or upon the demised premises or any part thereof any trade manufacture or business of any description but to keep and use the demised premises as a private dwelling only and not to use the demised premises for any other purpose

Thank you for any help offered

That clause has nothing to with subletting but is a restriction not to operate a business from that residence.
If you are concerned about subletting read the rest of the lease and see if there is a clause that expressly prevents subletting.  If not then they are able to sublet

Best of luck

Thank you for your reply

I wonder if anyone could tell me what this means please? 

To pay and discharge all rates taxes duties charges assessments and outgoings whatsoever whether parliamentary parochial or otherwise which now are or which at any time hereafter shall be assessed charged or imposed upon the demised premises or any part thereof (landlord's property tax only accepted)

It means to pay all taxes relevant to the property except property tax

Hi,

So my lease holder is subletting and the letting agent is managing the property.  The lease holder has asked me to contact the letting agent with regard to all queries with anything to do with breaches of the lease and any problems with tenants and paying ground rent and her contribution towards maintenance costs of common areas (it's not a fixed service charge, it's on an as and when needed basis).

I am happy to contact the letting agent with regard to the tenants but is she within her rights to ask me to contact the letting agent re payment of costs, breaches of the lease etc? Thanks

No she is not - she has no right to breach the contract in the first place never mind fobbing you of with the agent.  Remember the agreement is between Landlord and Tenant not the Agent.
(Also the agent is on the side of wherever they get their fees from)

It depends what you want to do as she has breached a condition of the lease.
You can terminate the contract and seek damages or you can affirm the contract.
If you terminate the lease the sub-lease automatically terminates as well.
This is is where it gets a tad tricky.
The current tenant (is also the mesne landlord - which means the intermediate Landlord) will then be in some difficulty as he will then have breached a term in his agreement with the sub-tenant (even worse if he has represented to the sub-tenant that he has full rights to lease the property to him.
That you dont really care about but the real complication for you is the subtenant will become a direct tenant of the Landlord (you) under Section 139 of the Law of Property Act 1925.  So whoever is in your property then becomes your direct tenant, you are then responsible for re-possesion order against them as if the mesne landlord was never in the frame.

You could go the other way and leave it but then you may have affirmed (ok'd) the contract and your tenant will then have an implied right to sub-lease for the duration of the lease.

It is also not clear from your post what the role of the letting agent is.  Is this the agent between you and the tenant or the tenant and the subtenant.  If it the latter then the agent will be of no use.  If it is the former then heed the advice above and decide what outcome you want.

(NB: For completeness there is another legal remedy - restitution which you could try in court (that is to chase after the profit the tenant has unlawfully made off you...however the courts seldom award this).

Sorry for the complicated email but your next step needs to be an informed one.

Best of luck

Thank you so much for your reply!

The contract is between the tenant (long lease holder) and the subtenant.

The lease holder has decided to sell.

A couple of years ago she replaced the porch (without my permission) but didn't replace the door (she left it as an open porch).

Am I within my rights to ask her to replace the door before the property is sold or have I waived all rights due to the time passed and requests for ground rent (only £8.40 per year)

As a freeholder, will I be contacted about the sale from the new buyers solicitor and can I withhold information until the door is replaced? Can I charge a fee to answer questions . . how much??

How easy is it to terminate a lease and if successful would I get all the legal costs back.  To be honest I don't even have the money to go down the legal route, is there any 'no win no fee' way I could do it?

Thanks for your help

if the contract is between the tenant and the subtenant then technically it has nothing to do with you (other than for the initial breach of course).  The tenant has some brass balls to go and ask you to talk to the agent!!

You never confirmed if sub-letting is permitted in your lease agreement??
If it is then ignore the next couple of paragraphs...

If the tenant wants to sell then any solicitor worth half his salt will figure out there is a sub-tenant in there that should not be in there.  if you do not wish this to continue then i suggest you notify the tenant as soon as possible in writing - preferably through a solicitor but if you don't have funds for that ..read your lease CAREFULLY.  There may be a notices clause.  Send a notice under the contract per the terms of that notices clause - objecting to the sub-tenant.  Depending on your relationship with tenant you can threaten termination due to breach unless the sub-tenant is kicked out.  You can do this by serving a Section 146 Notice (Law of Property Act 1925), but note that usually gives the tenant reasonable time to remedy the situation (i.e. kick out the tenant).

Another option could be to allow the sub-tenant but ask for one fee for amending the contract.

Am I within my rights to ask her to replace the door before the property is sold or have I waived all rights due to the time passed and requests for ground rent (only £8.40 per year)
That depends on the term of your lease.  I dont quite follow the ground rent issue.

As a freeholder, will I be contacted about the sale from the new buyers solicitor and can I withhold information until the door is replaced? Can I charge a fee to answer questions . . how much??

It is likely the solicitor will need to see the terms of the lease between you and the tenant - but that doesn't need you to respond.  Again check the lease likely the Landlord permission is required to the assignment.  There is no prima facie obligation on you to answer any questions otherwise (other than being a decent chap/chappette).  Check your lease for an assignment clause and language that does require your response to questions (as well as consent).

How easy is it to terminate a lease and if successful would I get all the legal costs back. 
On what grounds?  Is the subletting not allowed?
The courts might require the subtenant to leave and perhaps award damages and/or costs but of course there is nothing preventing an eviction per lease terms(?), but all depends on your lease.  In theory if you could convince the courts the issue of subletting was material to the contract (usually it is) then you could terminate.
You need a solicitor - even I wouldn't go alone on this one

To be honest I don't even have the money to go down the legal route, is there any 'no win no fee' way I could do it?
Ask a solicitor... there are loads of them about. The problem is no win no fee implies an award of damages which in this case is unlikely.

Best of luck

Quote from: Sally and him on July 04, 2016, 04:27:07 PM
Hi,

Just wanted to know what this clause from my lease holders lease means, can they sub let?

Not without the licence in writing of the Lessor first obtained to carry on or suffer to be carried on in or upon the demised premises or any part thereof any trade manufacture or business of any description but to keep and use the demised premises as a private dwelling only and not to use the demised premises for any other purpose

Thank you for any help offered

No tenant can sublet a property if it is written in the lease.  Check your contract.