Why am I required to pay L&Q an administration fee?
L&Q charge you an administration fee to cover the costs involved assessing your request and processing it. We aim to keep our costs low and ensure that they are affordable.
Why does L&Q need to instruct a solicitor and why am I required to cover their legal fees?
As we own the freehold of your home, we need to ensure that the lease reflects the agreement in place. Solicitors are instructed to legally amend the lease; this protects both parties as the lease is a legal document attached to your Land Registry Title.
You are required to cover our legal fees as you own 100% of the lease. You normally pay the costs directly to our solicitor through your solicitor.
I am a Leaseholder, why do I have to pay for a Deed of Variation when L&Q originally provided my lease?
You would have agreed to the terms and conditions of the lease at the time of buying your home. This would have included the subletting clause and it reflected the subletting arrangement at that time. As time has evolved, our leases have changed and we aim to offer leaseholders more flexibility enabling them to sublet. In order to ensure that you are not in breach of the lease, the Deed of Variation legally allows you to sublet, providing you give the relevant details to L&Q.
I am a Leaseholder and my lease allows me to sublet. Why do I have to provide L&Q with my tenants details or forwarding details for me?
It is a condition of all leases that allow subletting, that you notify us of your intention to sublet and provide the tenant's details. We update our records with this information and it enables us to manage your home more effectively. By providing your new details, it will ensure that any necessary correspondence and / or notices are sent to you directly.
I am a Shared Owner, why do I have to pay for a formal Licence? Why can't L&Q just give written approval?
If you have exceptional circumstances and we approve your request to sublet, we are unable to provide written approval to you as this would put us both in breach of the lease. The formal Licence alters the relevant term of the lease for a set period of time. This is why it is crucial that you return to the home, staircase or sell when the set period is finished.
I am a Shared Owner, what if I am in financial difficulty and am unable to sell my property due to current market condition?
If you are at threat of being repossessed and subletting is a viable way to assist you in managing your finances more effectively and enables you to clear your debt, we may consider your request. All other hardship options available must be considered first including Flexible Tenure (downward Staircasing) and changing a repayment mortgage to interest only to reduce your payments. Any request will be considered in full and our approval is at our discretion. It is likely that such a request would only ever be approved if the alternative accommodation that you are moving to is free or much cheaper to assist you to clear your debts / arrears. In this instance, L&Q would insist on a payment plan to clear any rent and service charge arrears owing to us. There would be conditions attached to the subletting approval.
I am a Shared Owner in exceptional circumstances, you approved my previous request to sublet and this has now ended. Can I reapply?
You are only able to apply once and no further extension will be granted on initial approvals to sublet. Any subletting approval would have been in exceptional circumstances as a short term solution, we would expect you to return to the home and reside there as your main occupancy, staircase to 100% or resell the home.
I am a Shared Owner subletting without consent. I did not realise that I needed approval from L&Q, what should I do?
You must contact us immediately as you are in breach of your lease. It is highly unlikely that we will be able to offer retrospective consent enabling you to sublet as we are only able to approve Shared Owner subletting requests in extremely exceptional circumstances. We will however ask you to provide details of why you are subletting with any accompanying evidence to support your request. We will then assess this in the normal way. If we refuse your request, you will need to serve notice on your tenant and provide us with evidence that you have returned to your home and reside there as your principal home.