Underletting Deed – what is it?

by Readers Question

15:24 PM, 14th October 2014
About 4 years ago

Underletting Deed – what is it?

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Underletting Deed – what is it?

My daughter, who rents a flat, has just presented us with a form to witness for her in relation to the flat. It would appear that the flat in question is actually owned by a local community housing company who in turn is leasing it on too her landlord. Underletting Deed

She has been asked to sign a form headlined UNDERLETTING DEED. It states as follows:-

THE PRESENT POSITION.

The property is now leased to the tenant for the remaining years of the lease.

The underlessee has agreed with the tenant to take an underlease of the property and to comply with the terms of the lease the underlessee has agreed to enter into this deed.

DECLARATION.

By signing this deed, the Underlessee formally commits to the Lessor and separately with each and every tenant of any other property in the building of which the property forms part that from the date of this deed and for the duration of the underlease the underlessee will obey all of the restrictions, covenants and conditions contained in the lease and will observe and perform such of the obligations of the tenant which are the usual responsibility of the property.

My question is simple.

What does all this mean and should she/we be concerned in signing such a form?

Thanks

David Wallington



Comments

ray selley

18:48 PM, 14th October 2014
About 4 years ago

Nothing to worry about it simply means that you daughter must agree to the covenants of the landlords lease such as keeping common ways clear and not create a nuisance such as playing loud music after 10.00pm etc etc.It will not require your daughter to contribute to maintenance or any thing else financial..Best to ask the landlord for a copy of his lease.As a relative you should not witness the document but any one else can

Yvette Newbury

22:46 PM, 14th October 2014
About 4 years ago

The landlord MUST give your daughter a copy of the lease in order for your daughter to comply with the requirements within it, along with the form she has to sign. This has probably just been overlooked. Once she has that and can read what those requirements are then she should be OK to sign the form (no loud music after 11pm etc as Ray rightly states above, but she needs to check this). I am assuming that she has a normal 12 month assured shorthold agreement for her rental?

David Wallington

23:04 PM, 14th October 2014
About 4 years ago

Thanks for your help in this matter.

Nick Pope

12:29 PM, 18th October 2014
About 4 years ago

I would also ask for a confirmation in writing from the head landlord that they have consented to the sub-letting and that they will not seek to collect from your daughter any maintenance charges, buildings insurance etc. which would normally be paid by their direct tenant.

Yvette Newbury

23:28 PM, 18th October 2014
About 4 years ago

Reply to the comment left by "Nick Pope" at "18/10/2014 - 12:29":

This is a good idea, but for example if this were my flat you could sing for any sort of timely response from the head landlord. It just wouldn't be worth asking for unfortunately. As long as she has a "normal" AST agreement along with a copy of the head lease there should not be any problem.


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