Letting Flats
Our leases forbid letting only part of your property
The whole of your flat may be let out but the tenancy must be one where:
- the tenant are individuals (for 28 of the flats, their leases specifically say that the tenancy must be an Assured Shorthold Tenancy – check your lease to see if this applies to you).
- last for at least 6 months
Please include a clause in the lease that your tenants agree to observer the terms and covenants in the lease that you hold for your flat and that you personally have agreed to observer. In this way you do not find yourself in a position where you are in breach of lease with your own landlord as a result of your tenant’s action.
But you cannot legally force your tenant to stop doing the thing that is leaving you in breach of your own tenancy (and which could therefore lead to your own lease being forfeited);
- you may need a licence from Southwark Council see Section on: HMO Licences
- you must give the names of your tenants to the managing agent; and
- you should contact the managing agent to give them your future contact details for the receipt of correspondence, service charge demands etc.
AirBnB etc.
Please note: letting your flat for short-term holiday lets, such as AirBnB, is prohibited.
If in any doubt, we suggest you take professional legal advice to clarify your rights.
Planning Control - Change in the law of short term lets
You should be aware that the law changed recently for short terms lets in private housing, as below. If your property is let for more than 90 days a year you need to apply for Planning Permission.
This ruling applies also if your tenant is the one doing the sub-letting.
Letting your property short-term
You do not need to apply for planning permission to use an entire flat or house as a short-term term let if:
- you pay the Council Tax for the property
- each individual short term let is no more than 90 days
- the total number of holiday let days over the calendar year is no more than 90 days
You will need to apply for full planning permission to use your flat or house as a short-term let. This is if the total rental days will be more than 90 in a year.
More information at:
https://www.gov.uk/government/news/short-term-lets-rules-to-protect-communities-and-keep-homes-available
Letting Agents
If you are letting out your flat, please make sure the Letting Agent has a copy of the lease conditions. We have found a number of tenants were not advised about animals, noise, water rates, meter cupboards, parking etc.
Disclaimer
The text of this page does not constitute professional legal or other advice and its should not be relied on in order to fulfil any legal obligation which the reader may be required to comply.