Interpretation of lease conditions

A

argolis

Guest
Hi,

I have a question on two clauses in my apartment lease (leasehold property). The clauses are:

16 - Not assign or let or sub-let part only of the Demised Premises.

18 - "Not to use or permit to be used the Demised Premises for any purpose other than a single private residence... nor shall the Lessee permit any boarders or lodgers to be taken into the Demised Premises"

This doesn't mean they're restricting us from the Rent-A-Room scheme does it, as technically I'm renting part of the apartment? If not what are these clauses designed to achieve and what are the definitions of boarder/lodger?

Many thanks
 
Yes, she thinks they're standard clauses but doesn't seem entirely sure.

While we don't expect this to be a problem, we really would like to fully understand these before we sign. I thought if they are common enough, then they're probably ok and somebody may be able to explain their meaning here. If not, it might be more of a problem than we thought..
 
Yes, she thinks they're standard clauses but doesn't seem entirely sure.

Hmmm, that doesn't inspire confidence!

You are correct to get to the bottom of this but your solicitor really should be of more assistance in my view.
 
Get a letter from the management company (or who/whatever holds the freehold) stating that you are entitled to sub-lease etc.

To be honest I don't think it'd cause a problem - the banks would never lend money to buy-to-letters if they thought the borrowers were in such a fundamental breach of their tenancy.
 
lease conditions

"Not assign or let or sub-let part only of the Demised Premises"

The rent a room scheme does not come under this prohibition. A lodger\room sharer does not have a tenancy. This prohibition is designed to ensure that properties are not subdivided.

"...nor shall the Lessee permit any boarders or lodgers to be taken into the Demised Premises"

On its face, this does in my opinion prohibit taking in people on the "rent a room" scheme. Though I have seen this in apartment leases, it is not so common that you would call it standard. I rather suspect that it will not be properly enforced. I also rather suspect that you will find it virtually impossible to negotiate this clause out of the lease, unless you are buying in the very early phases of a development and there is still time for the developer to have a change of heart before closing sales. You will appreciate that an apartment development is based on the principle that all leases will be substantially the same, so a developer will be reluctant to agree variations once the apartment scheme is up and running.
 
Re: lease conditions

Thanks for those replies guys. After talking to another buyer in the same situation we came to that conclusion. They have already asked for the second clause to be amended which seems to be fine by the developer.

Being a FTB, this really is an eye-opener on not relying on a solicitor and reading everything yourself!
 
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