Subletting and short lets in a leasehold block

Start with the lease

Leases often:

• allow letting of the whole flat on an assured shorthold tenancy, sometimes with notice to the landlord and a registration fee;
• require consent, which may not be unreasonably withheld where the lease says so;
• forbid business use, or use other than as a private residence, which can rule out short-term holiday lets.

Consents and fees

Fees for consents and registrations are administration charges and must be reasonable. Publish them.

Short lets

Whether short-term lets breach the lease depends on its exact wording; courts have found that frequent short lets can breach a “private residence” covenant. In London, short lets over 90 nights a year need planning permission.

Problems with tenants

The company’s relationship is with the leaseholder, not the tenant. Raise nuisance or breaches with the leaseholder, who must deal with their tenant. Keep records.

Renters’ Rights Act 2025

Leaseholders who let their flats are affected by the Renters’ Rights Act 2025, which is being phased in. This is a matter for them as landlords rather than for the block company.