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Question Title: Notice of Sub-let
| Question: 266 |
| We manage an apartment development. The mortgagees, Halifax Building Society require a 'Notice of sub-let' acknowledged by the freeholders prior to the let. What is the 'notice of sub-let', where is it obtained and is it necessary for AST's?
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| Answer: |
| Owners of apartments or flats in the UK frequently hold their title as a leasehold, often for terms as long as 99 years. There is little difference between this type of tenure and freehold except that a lease will be signed (often including a provision to pay an annual ground rent and maintenance charge). Many modern leases now stipulate that the leaseholder needs to inform the freeholder prior to renting out the property (effectively sub-letting). In this case, the leaseholder or his agent needs to issue a notice of sub-let to the freeholder. It makes no difference whether the letting is an assured shorthold and no special wording or format is required. A simple letter may be drafted in the form: NOTICE OF SUB-LETTING - < address of property to be let> This is to inform you that the above property will be let for a period of ...... starting on the ... day of ....... 199 ..... .The tenancy will be an ............... under the Housing Act 1988. Please return the signed copy of this letter to the addressee in acknowledgement. As you can see from the last line, it is good practice to ask the freeholder to acknowledge the notice by enclosing an extra copy and asking him to sign and return it.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 9 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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