QUESTION
I am thinking about going travelling for a year and letting out my leasehold flat which I have owned for 8 years.
Can I do this or are there any particular procedures I need to follow?
ANSWER
Many thanks for your query. Your ability to sublet should be outlined in your lease, there will likely be a clause stating that you are not to part with part of the demised but can part with the whole of the demised, subject to certain conditions being met. These conditions could be something like needing consent from your landlord or the incoming tenant has to enter into a deed of covenant with the landlord to ensure that they abide by the terms of the lease. Alternatively the lease may have an absolute prohibition on subletting, meaning that you would not be able to sublet the flat whilst you are away.
It is very important that you ensure that you abide by the terms of your lease as failure to do so could amount to a breach of lease and the landlord may take action against you.
If you like any further assistance please do not hesitate to contact LMP Law and safe travels.
Peter Cornell, Director at LMP Law
