Domestic dwelling leasehold question.
Discussion
Any idea how to interpret the following:
"To use and occupy the Flat solely and exclusively as a private dwelling and not to overload the same and not for the purposes of any business and not to allow any refuse or rubbish to remain thereon"
My question being, does this preclude renting out said property to a tenant. E.g it appears to only be available for use by the owner.
I should add it is a share of freehold.
Thanks
"To use and occupy the Flat solely and exclusively as a private dwelling and not to overload the same and not for the purposes of any business and not to allow any refuse or rubbish to remain thereon"
My question being, does this preclude renting out said property to a tenant. E.g it appears to only be available for use by the owner.
I should add it is a share of freehold.
Thanks
Just shown this to my other half who works in Conveyancing and Lease Extension.
She says there should be a separate clause within the Lease regarding Sub Letting the property.
The clause you shared simply means you can't conduct business from the premises. Working from home would be fine but you wouldn't be allowed to hold stock there or have clients visiting etc.
She says there should be a separate clause within the Lease regarding Sub Letting the property.
The clause you shared simply means you can't conduct business from the premises. Working from home would be fine but you wouldn't be allowed to hold stock there or have clients visiting etc.
G1ABB said:
Any idea how to interpret the following:
"To use and occupy the Flat solely and exclusively as a private dwelling and not to overload the same and not for the purposes of any business and not to allow any refuse or rubbish to remain thereon"
My question being, does this preclude renting out said property to a tenant. E.g it appears to only be available for use by the owner.
I should add it is a share of freehold.
Thanks
There is something similar in our new build covenants (we are freehold) I asked the solicitor to qualify business use. As has been mentioned, working from home (administratively) is OK but you can't run a business from there eg dog groomer or child minder. "To use and occupy the Flat solely and exclusively as a private dwelling and not to overload the same and not for the purposes of any business and not to allow any refuse or rubbish to remain thereon"
My question being, does this preclude renting out said property to a tenant. E.g it appears to only be available for use by the owner.
I should add it is a share of freehold.
Thanks
The bit about rubbish is similar too. On our site, it is to preserve the appearance of the development. The social housing section on our development keeps getting clobbered because they dump all sorts of crap like car parts, busted kids toys & trampolines on their front gardens & driveways making the place look a s
t hole. They also go after people caravans or vehicles that are in a state of disrepair.Edited by shep1001 on Thursday 2nd April 11:49
Assuming, as has been said, that there is no other provision in the tenancy agreement prohibiting sub-letting it should be OK to sub-let.
However, this would probably only apply to a sub-letting where the sub-tenant was actually living there on a permanent basis. If you were renting it for short lets on an Airbnb type basis it's certainly arguable that the flat would not then be in use as a `private dwelling', and such lets would also be a breach of the covenant against business use.
However, this would probably only apply to a sub-letting where the sub-tenant was actually living there on a permanent basis. If you were renting it for short lets on an Airbnb type basis it's certainly arguable that the flat would not then be in use as a `private dwelling', and such lets would also be a breach of the covenant against business use.
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