Wilbury Grange flats are for private households

The Regulations in the Third Schedule of the Lease says flats must be used and occupied as a private flat only for the sole occupation of the lessee and his family and members of his household and for no other purpose, the intention being that Wilbury Grange would arguably retain the ambience of family style apartments.

The wording is a bit dated and ‘family’ can now be replaced by partnerships, the intention being that flats cannot be let to groups of students or other flat sharing arrangements. Indeed a multiple of non-related individuals sharing a flat in certain circumstances could give rise to the creation of a house in multiple-occupation and subsequently subject to additional legislation.

Letting your flat

Should you wish to let your flat you are permitted to do so subject to the terms of your lease. Your tenancy agreement must include an express covenant for your tenant to observe and perform the regulations and conditions contained in your lease other than the obligation to pay service charges.

We recommend that all lettings are done through a reputable lettings agency which should take up references in order to check the standing and status of prospective tenants.

The managing agent must be notified of all lettings so that you are fully covered for insurance purposes. If you have any doubts as to whether the letting will affect your insurance cover you should contact the managing agent.

In the case of mortgaged flats you must ensure that your mortgage provider has given consent to the letting.

All tenancy agreements must include an appropriate clause which requires the tenant to comply with the terms of your lease, mainly in terms of noise and nuisance.

It is important that residents and flat owners take out comprehensive contents insurance cover to include third party liability. This is particularly important in cases where water spillage or flooding occurs to neighbouring flats.

If your flat is to be vacant for longer than a typical holiday period of 2-3 weeks it is a requirement that you advise the managing agent who will advise the insurers. During extended periods when your flat is not occupied you are advised to minimise risk by turning off and draining down water systems, particularly during cold weather and shutting down electrical appliances. It is a requirement that during such periods your flat is inspected on a regular (weekly) basis with inspections properly recorded for insurance purposes.

You are strongly recommended to read the sections on Buildings Insurance and Contents Insurance and if you are in any doubt about anything in connection with letting your flat please contact the managing agent who will be pleased to advise you.

Subletting, under-letting and paying guests

Under your lease, Third Schedule, Paragraph 1, the property cannot be used as a business and this includes letting the accommodation out on a ‘bed and breakfast’ basis or on ad hoc lettings for short-term or transient occupiers. E.g. Accommodating paying guests via websites like ‘AirBnb’.

The lease also prohibits you sharing occupation of the flat with anyone other than those mentioned in the Third Schedule, Paragraph 1.

If such under-letting is permitted it becomes a problem for the block generally in terms of:

  • maintenance for additional wear and tear
  • security
  • potential for noise & disturbances
  • insurance obligations

Page last updated 23 September 2017