Residential flat schemes—sublease and short-term lease issues
Residential flat schemes—sublease and short-term lease issues

The following Property practice note provides comprehensive and up to date legal information covering:

  • Residential flat schemes—sublease and short-term lease issues
  • Subleases
  • Occupation by short-term tenants

Subleases

Subleases suffer from the possibility of forfeiture of the headlease, which automatically results in forfeiture of any sublease. Unless the headlease is held by a tenants' management company (in which situation the flat tenants, as members or officers of the company, have at least some influence over the company’s compliance with the tenant covenants in the headlease), the flat tenants have no control over forfeiture of the headlease.

Although there is authority for the proposition that a sublessee of part—such as a flat—can be granted relief from forfeiture (limited to that part), such relief will often not be appropriate or

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