Long leasehold and Section 106 agreement

[HazeltonLane]

Hi all,

I own a 999-year lease on a flat. According to the lease I am allowed to rent out the flat.

To be specific, the lease states that I many not rent out the flat apart from as an assured shorthold tenancy.

The section 106 agreement for the block, on the other hand, states that the flat must be owner-occupied.

Which one takes precedence?

I have lived in the flat for 20 years but would like to let it out in the short term for a year or so, before returning.

I will appreciate any advice on this!

Don't section 106 agreements expire after 5 years though? I am not a lawyer so don't rely on this but that would be something to check out.

It's my understanding that I could apply to the Council to have the agreement varied (as five years have passed) but that has to be by mutual agreement.

@Catmummyof2

The s106 agreement would take precedence as it binds the land. You would need to apply to the Council to vary it.

Thanks Catmummy. It seems wrong that I can be bound by an agreement that I wasn't party to!

Thanks for the further input. The S-106 agreement pre-dated my purchase. It was part of the planning consent when they were building the block. Conveyancing solicitor has retired!