Renting a leasehold flat involves a complex web of obligations between the freeholder, the leaseholder, and the tenant. Our specialist solicitors provide expert advice to ensure a secure and legally compliant tenancy for all parties.
The law surrounding subletting a leasehold property is complex. Our expertise covers the full spectrum of landlord and tenant law, ensuring the correct legal process is followed, whichever side you are on.
Rent out your leasehold property lawfully and securely.
Ensure your tenancy is secure and your rights are protected.
The single biggest risk in renting a leasehold flat is breaching the 'head lease' - the master contract between your landlord (the leaseholder) and their landlord (the freeholder). Our expertise is designed to prevent this.
We conduct a forensic review of the head lease to identify any restrictions on subletting, so you can proceed with lawful permission.
We manage all communications with the freeholder or their managing agent to obtain the formal 'Consent to Let' required for your tenancy.
Almost always, yes. Most modern leases contain a covenant that requires you to obtain the freeholder's formal 'Consent to Let' before subletting. Renting without this permission is a serious breach of your lease and could put your property at risk.
The 'head lease' is the master legal document between you (the leaseholder) and the freeholder. The tenancy agreement you give your tenant (the sub-lease) cannot grant rights that contradict the head lease. We review this document to ensure your tenancy agreement is compliant.
This must be clearly specified in the tenancy agreement. Typically, landlords will factor the cost of ground rent and service charges into the monthly rent they charge, rather than passing them on as separate, variable costs.
Your direct landlord is the person you pay rent to (the leaseholder). However, you are also bound by the rules of the main 'head lease' set by the freeholder (the building owner). We can review your tenancy agreement to clarify these obligations.
This is a significant risk. If your landlord commits a serious breach of their head lease, the freeholder could take legal action to forfeit (end) it. This could potentially end your tenancy as well. That's why it's crucial to ensure your landlord has the proper 'Consent to Let' from the start.
The freeholder or their appointed managing agent is typically responsible for repairing shared areas like hallways, lifts, and the main roof. These costs are paid for by the leaseholders (including your landlord) through the service charge.
Whether you are a landlord or a tenant, ensure your tenancy is secure and legally compliant. Contact our specialist team today.
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info@wildings-solicitors.co.uk
862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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