Subletting your Leasehold Property
WATMOS has a comprehensive policy and procedure on Sub-letting as it can present risks to people and our buildings if not well managed a co. We will give permission if we are allowed to under your lease terms, subject to you and/or your tenants complying with conditions. We may give permission for use of premises as Air B’n’B subject to local conditions. Lots of residents object to other residents sub-letting their flats or using them for B’n’B and we have to try to take account of everyone’s interests and rights. We may make an administration charge for considering applications and giving permission and permissions may be time limited.
Not all leases allow Sub-letting but WATMOS will usually permit Sub-letting subject to leaseholders following our procedures. If we discover that a flat is being sub-let without permission we will enforce the conditions of the lease at the owner’s expense.
Since recent disasters such as Grenfell Tower, where there was a lot of confusion about who should have been in the building and who actually was – WATMOS is asking leaseholders to co-operate by providing relevant information. WATMOS will not manage the flat and, except in an emergency, we will not deal with your sub-tenants because we have no legal relationship with them. However we would like to know who is authorised to be in your flat and we will record information about parking permits and other estate matters. Most importantly, you should know who is living in your flat and how to contact them.
If you are intending to sub- let you should contact us in advance, check the lease and our policy relating to your flat and provide us with all the information required to get formal permission.
There are serious laws and local authority Bylaws relating to Landlords – and you will become a landlord if sub-let your flat. You should look at our policy and obtain up to date advice before letting your flat and keep up to date in the future. You cannot delegate this responsibility to someone else. For instance you must ensure that your property is safe, has up to date gas and electricity safety certificates, does not become overcrowded and many other matters. You will also probably need additional insurance to cover your extra liabilities. We strongly suggest that you appoint professional managing agents to manage the property on your behalf.
As long as you are the leaseholder you are still responsible for keeping to the terms of your lease and for ensuring that sub-tenants, their household or visitors keep to the terms of the lease. WATMOS will enforce any lease conditions and if we have to take enforcement action we will charge you for our administration and legal costs. You must also ensure that your mail is dealt with effectively as mentioned elsewhere.