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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- Get clear guidance on your next steps from experts you can trust
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Catherine Hudson
Catherine is an expert in landlord and tenant law, having worked for a housing charity as a Caseworker for 15 years.
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Sophie Jones
Sophie joined Which? in June 2015 specialising in landlord and tenancy as well as other areas.
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Adrian Schwab
Adrian is an expert in landlord and tenancy as well as consumer issues, travel and aviation, traffic law, civil litigation and neighbour disputes.
