Q: The son of a deceased who owned one of the flats has now told me that it is his intention to rent out this flat. Is this allowed under the terms of our lease?
FPRA Director Shaun O’Sullivan replies:
Some leases are silent on sub-letting, some (perhaps most) state that sub-letting is permissible subject to consent (and that consent cannot unreasonably be withheld, albeit conditions can be attached to the licence which might be granted) and some contemplate or infer sub-letting. Yours appears to be in the last category in that the clause requiring the delivery of any notices or documents to the lessor refers to such notices or documents being served upon the lessee or any sub-tenant of the Lessee. Thus the lease contemplates there being sub-tenants.
I can find nothing in your lease which requires the consent of the lessor in this regard. One clause places a restriction on sub-letting in that it is not permissible for the lessee to let any part or parts of that which has been demised. So the lessee couldn’t, for example, sub-let just part of the flat or a bedroom and garage together or, indeed, the garage on its own as it forms part of that which has been demised. So, if the lessee is sub-letting the whole of that which has been demised must be sub-let and the lessee should not withhold the garage for his/her own use.
[Submitted March 2020]