This thread summarises a few points arising over and above those on routine sub-letting.
1. Let's assume that L is the freeholder of a block of flats. Each is demised (sold by lease). T owns one and wishes to sublet to ST.
2. T is subject to covenants in the lease and will remain subject even after sub-letting to ST.
3. This means that ST's actions and omissions are imputed to T.
4. T must therefore always include (in the sub-letting Agreement) an explicit obligation on ST's part, to observe and perform the lease covenants except those requiring payments to L or to external third parties.
5. Equally, T should be under an obligation to make those payments so excepted and to indemnify ST against them.
6. T should check the lease (and any obligations added by L- some leases allow L to make supplemental regulations for the better management of the flats). Perhaps sub-letting is thereby prohibited or restricted.
Do you we need to include point 4 in the tenancy agreement?
Want to read more?
This is a members only forum, if you want to read more you need to login to your membership, if you are not a member, click here to join.