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Date created: 6/17/2020

Make sure you let us know if you sublet your flat so we know about changes to occupancy.

Any subletting must be of a residential nature and must be for a period of time consistent with a bona fide tenancy that is an Assured Short Hold Tenancy covering a minimum letting period of 90 days.

Short-term holiday lets are prohibited through various clauses within the lease.

The City’s powers as landlord is included in Clause 4(8) of the standard Barbican long lease which requires tenants to observe the covenants and restrictions in the Sixth Schedule to the lease. The following Sixth Schedule restrictions are relevant to short-term subletting:

  • The tenant will not do or allow to be done in or on the premises anything whereby any insurance by the City Corporation of the premises or the Building or any part thereof (or any property for the time being owned by the City Corporation) may be vitiated or prejudiced nor without the consent of the City Corporation do or allow to be done anything whereby any additional premium may become payable for the insurance of the premises or the Building or any such other property.
  • The tenant will not do or permit or suffer to be done in or upon the premises or any part there of anything of an illegal or immoral nature or any act matter or thing which in the opinion of the City Corporation may be or grow to be or become a danger nuisance or an annoyance to or to the prejudice of the City Corporation its tenants or lessees or to the owners lessees or occupiers for the time being of any premises in the neighbourhood.
  • The tenant will not carry on or suffer to be carried on upon the premises any manufacture trade or business whatsoever but will use the premises as a private dwelling in the occupation of one individual only and his or her immediate family. (The City Corporation would argue that the use of short-term holiday letting websites is a clear breach of the letter and spirit of this clause. In the event that a court disagreed, the City Corpoartion would look to enforce other Schedule 6 restrictions).

There are a number of reasons why it is not a good idea to carry out short-term holiday lettings:

  • possible invalidation of the City Corporation’s buildings insurance, which is a direct contravention of the lease.
  • possible invalidation of residents own contents insurance, which could affect any claim, not just those related to damage caused by a ‘paying guest’
  • risks of possible flooding of flats below which would not be covered by insurance, and thereby could expose an individual leaseholder to considerable costs which the City Corporation may seek to recover from them
  • fire safety (increasing risks associated with people using appliances in an unfamiliar environment) which, if damage occurs, may also be rejected by the insurers in the event of a claim
  • if done repeatedly, it may be considered the leaseholder is using the property to carry out a business rather than using it as a private dwelling, which the lease does not permit
  • the security of the building being compromised in a number of ways (e.g. increased risk of tailgating being permitted by visitors who would be less vigilant than normal residents)
  • noise and nuisance affecting other occupiers, particularly immediate neighbours
  • people not having the owner’s/long term resident’s incentive to be careful and cautious in flats and common parts of the building, resulting in damage or increased wear-and-tear, the cost of which will fall to all leaseholders in the block.

If you have been a council or housing association tenant for at least five years you probably have the right to buy your home. An important part of eligibility is that the property must be the only or principal home and is self-contained.

The Right to Buy means that you can buy your home usually for less than the open market price. This is because you get a discount calculated on the amount of time you have been a secure tenant.

If you live in a flat you can get a discount of up to 70% of the market value of the property or £100,000 whichever is the lower.

More information regarding this scheme is available by calling the Barbican Estate Office on 020 7029 3910.

Some Barbican long leaseholders choose to sublet their flats. The registration of sub-tenants is important for the Estate Office to be kept informed of changes regarding occupancy of a flat.

This enables direct communication when required with all Barbican residents, and therefore contributes to maintaining the security and good management of the Estate.

In accordance with the terms and conditions of the Lease, leaseholders must register the subletting of their flat with the City of London’s Comptroller & City Solicitor. Upon commencement or renewal of a short-term tenancy, a copy of the tenancy agreement together with the required registration fee of £80 (£40 if registered within 28 days) must be sent to the Barbican Estate Office to arrange for the registration of the tenancy.

Your tenant will then be able to, for example, independently apply for a car parking licence, baggage store, and to arrange key permission for visitors and contractors. However, please note that sub-tenants applying for car parking or a baggage store will require consent from the Landlord to have it charged to their service charge.