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Can I sublet my property on a short term let?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 23rd June 2020

With the ongoing Covid-19 pandemic, it may be that buy-to-let property owners have vacant property, with longer term tenants not wanting to sign up to committing to future rental payments. The absence of long term tenants may present landlords with the consideration of letting their properties on a short-term basis. There are various websites that offer property owners the chance to let their properties for a weekend or a few days at a time. However, where the properties are subject to long-term residential leases, then it is extremely important to check the terms of the leases, to ensure that such lets are permitted. Clauses forbidding such lets will not necessarily spell out in obvious terms that short lets are forbidden. Instead, leases may say that the properties are to be used as a private dwelling house, or similar terms may be used.

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How does a rent suspension clause work?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 26th March 2020

A lease or tenancy agreement may contain a clause which suspends the rent in the event that the property becomes uninhabitable. The clause may state that there should be a suspension of the whole of the rent, or sometimes part of the rent, subject to how much of the property is usable.

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What happens if a lease is forfeited?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 12th March 2020

Invariably, a lease will contain a provision that in the event the rent is not paid, or some other covenant is breached, then the lease can be brought to an end by the landlord. The impact of this on the lease is that legally it no longer exists. This can leave a landlord with a free property and a tenant will not be able to claim any interest in the property whatsoever. The interest the tenant had in the property effectively “reverts” back to the landlord.

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Who does a section 20c order apply to?

Stuart Miles

Posted by Stuart Miles | Solicitor
On 23rd August 2019

It is common practice for freeholders to charge the legal costs incurred in dealing with determination proceedings to the leaseholders’ service charge accounts. This means that freeholders can seek reimbursement of their legal costs from the money paid into the service charge pot. Pursuant to section 20c of the Landlord and Tenant Act 1985, a leaseholder can ask the Court or Tribunal to make an order preventing their freeholder from using their portion of service charge to pay for their freeholder’s legal costs.

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Ground Rent (Leasehold Properties) Bill

Stuart Miles

Posted by Stuart Miles | Solicitor
On 27th June 2019

Leases usually contain an obligation on leaseholders to pay ground rents to the lessors. It is not uncommon for ground rents to be paid annually and subject to a rent review clause, which can increase the annual payment of ground rent.

It has been reported that some “onerous” ground rent review clauses have resulted in leaseholders being unable to sell their properties due to the rent increasing to a level where mortgage providers are refusing to offer mortgages. This has left some leaseholders stuck in their properties.

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