Landlord's consent

Landlord's consent

"Paul Knight is recognised for his "very deep technical knowledge of the practice area.""

Chambers 2018

Most leases contain obligations on tenants to first secure their landlord's consent when seeking to assign or underlet their leasehold interest; to carry out alterations to the demised premises; or to change the use of the premises.

As a tenant it is essential that before seeking consent the relevant provisions of the lease, including any pre-conditions to consent, are fully complied with. From a landlord's perspective, requests need to be considered carefully in terms of their validity and merit, and then steps taken to respond promptly to ensure that consent is not unreasonably withheld or delayed.

We will quickly get to grips with the detail of each individual case in order to provide our clients, both landlords and tenants, with clear advice on the requirements for making, or considering and responding to, a request for consent.

The Legal 500 - The Clients Guide to Law FirmsHow we can help you

  • We can advise on and prepare requests for landlord's consent and responses to such requests, ensuring compliance with both contractual and statutory requirements.
  • We can provide a tenant with advice on unreasonable delay or following the refusal of landlord's consent, and on its options going forward which may include, for example, proceeding with an assignment or subletting without consent or seeking declaratory relief from the court.
  • We can provide landlords with guidance on whether consent can be reasonably refused and how to protect against claims for unreasonable delay.
  • We will pursue or defend court proceedings relating to the refusal of landlord's consent or delay, providing clear advice on both the likely outcome and associated costs.

Work highlights

  • Assisting on the disposal of a leisure portfolio, requiring reorganisation of a national portfolio by way of assignments between various group companies. We successfully challenged various landlords who had either failed to respond or unreasonably withheld landlord's consent. Consent was obtained in all cases without the need for formal legal action and within a tight timeframe.