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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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I'm leasing an apartment years and want the right to sublet.

Customer Question

I'm leasing an apartment for 3 years and want the right to sublet. The lease states:
Assignment
13.1 Not to assign, sublet, part with, or share the possession of all or part of the Premises with any other person without the Landlord’s or the Agent’s prior consent, which will not be unreasonably withheld.
13.2 Not to take in lodgers or paying guests or allow any person other than the person(s) named as the Tenant in this Agreement and any permitted family, children or personal staff to occupy or reside in the Premises unless the Landlord or the Agent has given consent, which will not be unreasonably withheld.
If I add the following provision to the end of the section above, will I be permitted to do sublets of 30 days or less?
"Notwithstanding any provision in this in this lease, sublets of 30 days or less shall be permitted to friends of the Tenant."
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.

Have you spoken to the landlord?

Customer: replied 1 year ago.
We have not discussed it yet, but doesn't the written lease dictate my rights?
Expert:  Thomas Judge replied 1 year ago.

I am unable to speak on the phone at the money - but will help via this service

Customer: replied 1 year ago.
If I modify the draft lease in the way I propose and execute it, isn't it bidding if the landlord also signs it. I have never talked to the landlord. I just received a draft lease and am going to make the changes I want and then sign it. My question is, does the language I drafted allow me to sublet? Also if the landlord signs my modified draft, isn't it binding on him, even if we haven't spoke?
Expert:  Thomas Judge replied 1 year ago.

It will be binding of course if the landlord signs it. You do not need to speak to him for it to be binding. It would allow you to sublet to friends. Happy to discuss. Please rate positively - thanks

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