Sheltered housing (independent living) and subletting.

by Readers Question

9:38 AM, 28th May 2015
About 4 years ago

Sheltered housing (independent living) and subletting.

Make Text Bigger
Sheltered housing (independent living) and subletting.

My elderly mother bought a leasehold flat in a retirement housing building a few years ago. Her circumstances have changed and she has now moved from the sheltered residential accommodation into a care home, leaving a vacant, empty flat.

As I see it, I have three choices:

(1) retain the flat for my future use (I am over 60);
(2) sell the flat (there are certain ‘niceties’ to observe ); or
(3) rent the flat.

It is item (3) which is proving to be a stumbling block as, according to the managing agents, subletting is not allowed.

However, the only reference in the lease to subletting is the following paragraph:

“Not to underlet or part with the possession of the demised premises or any part thereof and not to assign the whole of the demised premises EXCEPT (my highlight) to an elderly person or persons nominated for that purpose by the Landlord or in default of such nomination to an elderly person of either gender being in each case not less than 60 years of age and in either case being a person who in the reasonable opinion of the Landlord is a person in need of and not unsuitable for sheltered housing in accordance with the letting criteria set out in the’Third Schedule hereto (“the Criteria of the Landlord”).”

Am I seeing only what I want to see, as what I am reading tells me that subletting is not allowed EXCEPT to someone who is at least 60 years old and in need of sheltered housing? Therefore, subletting IS allowed under those circumstances. Isn’t it?

I should appreciate independent views on the matter.

Thank you

Simonsheltered



Comments

Neil Patterson

9:42 AM, 28th May 2015
About 4 years ago

Hi Simon,

I am familiar with age restrictions on properties as I have had many BTL investors try to buy such a property, but it falls outside normal BTL criteria purely because of the age restriction and not because you cannot rent them out.

Have you thought of asking your mother's solicitor that helped purchase the property for her?

SimonP SimonP

11:42 AM, 28th May 2015
About 4 years ago

Reply to the comment left by "Neil Patterson" at "28/05/2015 - 09:42":

Thank you for your observations, Neil.

In answer to your own question, I did write to the solicitor but have yet to hear back.

When I do, I'll post the response, if I think it would be of value to others.

Queen Victoria

9:21 AM, 30th May 2015
About 4 years ago

Simon. I have no expert opinion to offer but it does read as you say it reads as far as i can see. My only other observation is that I would presume that the term 'landlord' refers not to you but to the leasor therefore you will require their 'reasonable opiniion'.

Puzzler

9:42 AM, 30th May 2015
About 4 years ago

You would need permission of the block managers. I don't know and would be interested about whether you can use an AST. If someone over 60 moves in, they're not going to want the insecurity of a 6 month agreement. I think you would have to offer something like Mark's deed of assurance that you would not ask them to leave as long as they want and are able to stay.

r01

13:04 PM, 31st May 2015
About 4 years ago

I believe the same as Queen Victoria. The "Landlord" referred to in the clause you are quoting means the FREEHOLDER. The property is leasehold and the freeholder is the landlord. I can fully understand why they want to avoid BTL tenants as unruly 60 year olds could easily destroy the tranquility of such a place. I think we all appreciate that people who have no financial interest in a place tend not to care as much as those who have laid out their hard earned cash.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Change to Universal Credit rent arrears payments

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More