neeeeeeeeeek Posted December 11, 2012 Share Posted December 11, 2012 If you buy a 50% share in one of those schemes, like those flats down Kelham Island and your circumstances change, what would Derwent Living or who ever owns the other half do if they caught you subletting it? Technically, you are not allowed. But what happens if you do? I am sure some probably are, so do Derwent turn a blind eye unless a complaint is made or do they actively look for such activities? Anyone tried it? Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted December 12, 2012 Share Posted December 12, 2012 In any lease (shared ownership, 'normal' long lease, business premises, or even an AST), there are covenants/obligations that bind T. L can take action against T in case of breach- this could include claiming any/all of: a. damages; b. "Specific Performance" [= Court Order explicitly obliging T to comply]; or c. forfeiture- the most drastic outcome and one which T is given every chance to avoid ("Relief against Forfeiture"). And, in all cases, L will claim its legal fees and Court costs against T. So it's never a good idea to commit a breach. Link to comment Share on other sites More sharing options...
neeeeeeeeeek Posted December 12, 2012 Author Share Posted December 12, 2012 Cheers for the info. I was wondering if they were likely to just send you a snotty letter or try and take your flat! Link to comment Share on other sites More sharing options...
Leah-Lacie Posted December 12, 2012 Share Posted December 12, 2012 Do wonder if they actually actively look for such activity, as you asked in OP though, or if you'd have to be reported for it Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted December 12, 2012 Share Posted December 12, 2012 Well, landlords who let on a "no sub-letting" basis are surely entitled to enforce this. Link to comment Share on other sites More sharing options...
Leah-Lacie Posted December 12, 2012 Share Posted December 12, 2012 Oh of course, but do they come round and do checks on the property? Link to comment Share on other sites More sharing options...
starbanana Posted December 15, 2012 Share Posted December 15, 2012 I have a property on a 50% shared ownership basis. I sublet it with the prior permission of both mortgage provider and the housing association. So it is possible under certain circumstances. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted December 16, 2012 Share Posted December 16, 2012 Oh of course, but do they come round and do checks on the property? I have no idea, but L is entitled to inspect (on reasonable advance notice, except in case of emergency). ---------- Post added 16-12-2012 at 14:38 ---------- I have a property on a 50% shared ownership basis. I sublet it with the prior permission of both mortgage provider and the housing association. So it is possible under certain circumstances. Yes. I hope that you also notified the building insurer (assuming that you insure it direct, rather than on a block policy). Link to comment Share on other sites More sharing options...
kaymarie Posted December 16, 2012 Share Posted December 16, 2012 just check the lease. you'll need to consult derwent and your lender if you have one (assuming your 50% is subject to a mortgage). I know we have allowed it in the past, especially if its for a good reason and you intend to return at some point in the future, ie going into the armed forces. Let us know how you get on? Link to comment Share on other sites More sharing options...
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