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Querying a restriction in your lease

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What restrictions might a lease contain?

Many leases contain restrictions relating to the property, from a ban on pets, a clause preventing the property being sub-let or used as holiday accommodation, right through to clauses preventing the leaseholder from running a business from the property.  With the rise in popularity of AirBnB and other short-term renting sites, many leaseholders who wish to let their properties have found themselves restricted from doing so by the terms of the lease.    

How can I challenge or look to vary restrictions in a lease?

In blocks of flats, some restrictions might benefit some leaseholders more than others, and some restrictions might be unworkable or unfair, and as such easier to challenge.  It can be a tricky process to seek a lease variation and there are a number of options as to how this might be achieved. It is always advisable to deal with all parties on an friendly basis but it is important to understand the implications of breaching a restriction in the lease, which might be costly. 

How we can help

If you are restricted by your lease from making use of your property as you wish, or if there is a clause in the lease which is unfair or costly, there are options for seeking to vary this. We will give you guidance to help you tackle your issue by:   

  • Listening to your queries regarding and restrictions or conditions of the lease 
  • Explaining what your legal options are 
  • Talking you through the process and your options for getting further legal advice and assistance
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Meet your experts
Catherine Hudson 360X360 Catherine Hudson Catherine is an expert in landlord and tenant law, having worked for a housing charity as a Caseworker for 15 years.
Lawyer Profile Picture 360 360 Sophie Jones Sophie joined Which? in June 2015 specialising in landlord and tenancy as well as other areas.
Mark Woodham 360X360 Mark Woodman Mark is an expert in residential tenancy and Neighbour disputes, helping members to navigate their way around complex matters.
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