Sub-letting/Assigning Tenancies
Related Article
Reasonableness of Consent Charges for Underletting
Where a property (usually a flat) is held on a long lease (a lease of more than 21 years as a rule of thumb), the lease terms will generally prohibit the subletting of the flat unless the consent of the freeholder landlord is first obtained. Usually, such consent may not be unreasonably withheld. An Upper Tribunal decision in 2012, namely, Holding And Management (Solitaire) Ltd v Norton [2012] UKUT 1 (LC), has held charges in that particular case should be £40.00 + VAT for consent fees and no more.
Subletting (Assured Shorthold Tenancy)
The common law provides that where a tenancy is determined, all sub-tenancies automatically end unless the superior tenancy has been determined by surrender. Termination of head tenancy: effect on assured [shorthold] tenancy Section 18 Housing Act 1988 nullifies this rule with assured [shorthold] sub-tenancies lawfully granted by providing that any such assured sub-tenancy shall continue where the superior tenancy is determined. The person who would but for the assured [shorthold] tenancy be entitled to possession of the dwelling-house becomes the new landlord [s.18(1)]. This rule will not apply if the person who would be the new landlord is entitled to rely upon one of the exclusions in sch.1 Housing Act 1988 (e.g. rent over £100,000 etc.) [s.18(2)]. ...
Assignment by Tenant and Withholding Consent
An assignment will rarely be seen in an assured shorthold tenancy. But, it's nevertheless possible. This article looks at case law regarding assignment and landlord's consent.
Landlord Wins Long-Running Rent-2-Rent Court Battle
Rakusen v Jepson [2023] UKSC 9 - means a superior landlord is not liable for rent repayment order claims due to the failures of a rent-to-rent landlord.
Councils Crack Down on Bogus Landlords Ripping Off Tenants
Councils are cracking down on tenants ripping off other tenants by posing as bogus landlords, often in death-trap properties.
What Happens if Your Tenant Takes in a Lodger?
Finding out a tenant has sub-let a room in your buy to let to a lodger is worrying for some landlords.
Reasonableness of Consent Charges for Underletting
Where a property (usually a flat) is held on a long lease (a lease of more than 21 years as a rule of thumb), the lease terms will generally prohibit the subletting of the flat unless the consent of the freeholder landlord is first obtained. Usually, such consent may not be unreasonably withheld. An Upper Tribunal decision in 2012, namely, Holding And Management (Solitaire) Ltd v Norton [2012] UKUT 1 (LC), has held charges in that particular case should be £40.00 + VAT for consent fees and no more.
Subletting (Assured Shorthold Tenancy)
The common law provides that where a tenancy is determined, all sub-tenancies automatically end unless the superior tenancy has been determined by surrender. Termination of head tenancy: effect on assured [shorthold] tenancy Section 18 Housing Act 1988 nullifies this rule with assured [shorthold] sub-tenancies lawfully granted by providing that any such assured sub-tenancy shall continue where the superior tenancy is determined. The person who would but for the assured [shorthold] tenancy be entitled to possession of the dwelling-house becomes the new landlord [s.18(1)]. This rule will not apply if the person who would be the new landlord is entitled to rely upon one of the exclusions in sch.1 Housing Act 1988 (e.g. rent over £100,000 etc.) [s.18(2)]. ...
Assignment by Tenant and Withholding Consent
An assignment will rarely be seen in an assured shorthold tenancy. But, it's nevertheless possible. This article looks at case law regarding assignment and landlord's consent.
Landlord Wins Long-Running Rent-2-Rent Court Battle
Rakusen v Jepson [2023] UKSC 9 - means a superior landlord is not liable for rent repayment order claims due to the failures of a rent-to-rent landlord.
Councils Crack Down on Bogus Landlords Ripping Off Tenants
Councils are cracking down on tenants ripping off other tenants by posing as bogus landlords, often in death-trap properties.
What Happens if Your Tenant Takes in a Lodger?
Finding out a tenant has sub-let a room in your buy to let to a lodger is worrying for some landlords.
Reasonableness of Consent Charges for Underletting
Where a property (usually a flat) is held on a long lease (a lease of more than 21 years as a rule of thumb), the lease terms will generally prohibit the subletting of the flat unless the consent of the freeholder landlord is first obtained. Usually, such consent may not be unreasonably withheld. An Upper Tribunal decision in 2012, namely, Holding And Management (Solitaire) Ltd v Norton [2012] UKUT 1 (LC), has held charges in that particular case should be £40.00 + VAT for consent fees and no more.
Subletting (Assured Shorthold Tenancy)
The common law provides that where a tenancy is determined, all sub-tenancies automatically end unless the superior tenancy has been determined by surrender. Termination of head tenancy: effect on assured [shorthold] tenancy Section 18 Housing Act 1988 nullifies this rule with assured [shorthold] sub-tenancies lawfully granted by providing that any such assured sub-tenancy shall continue where the superior tenancy is determined. The person who would but for the assured [shorthold] tenancy be entitled to possession of the dwelling-house becomes the new landlord [s.18(1)]. This rule will not apply if the person who would be the new landlord is entitled to rely upon one of the exclusions in sch.1 Housing Act 1988 (e.g. rent over £100,000 etc.) [s.18(2)]. ...
Assignment by Tenant and Withholding Consent
An assignment will rarely be seen in an assured shorthold tenancy. But, it's nevertheless possible. This article looks at case law regarding assignment and landlord's consent.