Worried about underletting clause in leaseMake Text Bigger
I have a flat which I have let out for the past few years. The last tenancy change was last summer (2016). I let it fully managed using a local letting agent – I am very hands off.
Both my management company and freehold owner know I do not live at the property (all correspondence is sent to my home address – different to my flat) and I have verbally informed the management company (when discussing another matter) that it is currently rented out (but never been in any discussion with the freehold owner). I’ve never made it a secret that I rent out the property.
Neither company have ever objected or questioned anything.
Looking at my lease, it seems to read I am allowed to rent out the flat (as a whole) however, there is a clause as follows:
“within one calendar month of every transfer underletting assignment other form of disposal…. …. provide the company’s solicitor and management company’s solicitor with a certified copy for the purpose of registration and to pay not less than £100 + VAT per notice….. ”
This is the first property I have ever rented out and I am now really worried I have done something very wrong by not officially informing and paying the freeholder and management company a registration fee when the first tenant moved in and each subsequent change of tenant (3 changes in about 5 years)….
Does the clause above mean that I should have informed them and paid £100 + VAT on each new tenancy. Again, forgive me – I am new to this.
If so, where does that leave me – the freeholder (a large investment co.) is not known to be particularly approachable so this is a little scary.
Can anyone offer any advice. The current assured shorthold tenancy ends later this year and I was planning on selling the property when this tenancy ends anyway.
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