Block Management for Landlords
Notices and Licences
Often, leases contain various restrictions on use of the properties (known as covenants) these can only be lifted by the landlord providing consent.
The most common examples are alterations to the property, keeping pets, assignment and sub-letting.
If you are approached by a leaseholder who wants to undertake one of these acts and they require your consent to do so, it is important that you consider what they are asking carefully, take appropriate advice and ensure that your interest is sufficiently protected.
Certain covenants will require you to give consent unless it is reasonable to withhold it. Likewise, even if the covenant itself does not require you to be reasonable, certain statutes and case law will require it.
If you discover that a leaseholder should have asked for your consent and didn’t, please visit our breach and forfeiture page for assistance.
Licence to Alter
We can assist in preparing a licence to alter (or a retrospective licence, if the works have been undertaken and you are prepared to give retrospective consent) this will protect your interest and extend the lease obligations to the alterations, as well as giving you satisfactory protection as to what will happen at the end of the lease, or if the works subsequently cause a nuisance.
Licence to Sublet and Licence to Assign
It is important that any sub-letting takes place strictly in accordance with the terms of the lease (e.g. subletting of the whole of the flat rather than part, or subletting to a family, rather than a group of professionals). If your leaseholder wants to sub-let, having specific and properly drafted clauses in the lease enables you to have some control over the terms of the sub-lease.
Likewise some leases will not allow for it to be assigned without your consent and we can prepare a licence to assign for you. Again, this will help ensure that you are protected going forward.
Deeds of Covenant and Certificates of Compliance
Usually, a third party management company are responsible for maintenance of your development, or sometimes in the case of sub-letting, there is provision in a lease for the parties to enter into a direct deed of covenant, to assist with enforcement of obligations. We will prepare and complete the deed for you and provide any necessary certificates of compliance on your behalf.
We are able to undertake all of the above on a fixed fee basis and would usually (subject to your approval) seek payment of our fees from the leaseholder to ensure that there is no cost to you. If you need our assistance with any of the above or other licences and consents, please contact us today.