UK Property Law
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What you have been told is correct, it is not an automatic right.
What exactly does your shared ownership lease say regarding this?
We have asked the housing association for a clarification but the only clause we can find is this:
'Not to underlet or part with possession of part only of the Premises and not otherwise than by way of mortgage to underlet the whole of the premises'.
What does this mean?
Also I thought this would only be applicable in a shared ownership i.e. less than 100% ownership situation.
If this does have effect, we are also applying for a lease extension at the moment, so can we request that, provided we staircase up to 100%, this restriction be removed?
many thanks again.
It means literally what it says.
You cannot rent a bedroom out (part with possession of part onlyof the premises) and you cannot let the whole of the property out (and assured shorthold tenancy) but you can remortgage or mortgage it.
Sometimes there is a provision within the stair casing where thecovenants such as this no longer apply but as it is at the moment, even if youown 100% you can still not sublet.
Once you have 100% and you apply for a lease extension, by allmeans ask for the covenant to be lifted but the landlord is under no duty to doso.
Does that answer the question? Can I assistfurther or answer any specific queries?
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