Can I Get A Mortgage

Melanie Said:

Can the leaseholder refuse me permission for sub letting my flat? (i am the property owner)?

We Answered:

I think you are mixing up your terminology.

I'm going to assume that your landlord is the freeholder (the ultimate owner of the building). They are probably the management company - but might not be as the landlord could sub-contract the management company to do this job.

Each flat will be a separate leasehold property. The owner of the flat is then called a "leaseholder" or "tenant". So you are the leaseholder. I am also going to assume that you have a long lease - eg 99 years or more.

Generally this kind of long lease is virtually identical to freehold ownership. Leases are used for flats because of legal technicalities that make full freehold ownership in this situation next to impossible.

The terms of such leases, therefore, do not have the many restrictions that are common in shorter leases. Usually you have obligations to pay service charges and ground rent, and not to cause a "nuisance" to neighbours. But otherwise you have the same kind of free control to buy / sell / let as a freehold owner would, so there would be no restrictions at all. If this is the case all you need to do is to show your mortgage company the relevant part of the lease.

If the landlord has any right at all to prevent letting, it is likely to be very limited. EG only if you are seriously behind with money owing. In which case consent will be a formality and will not be affected by any "personal" grudges.

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