McDonnell’s distorted and dangerous version of Right to Buy9:01 AM, 5th September 2019
About 2 weeks ago 35
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.
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