Serving applications for landlord’s consent

By Simon Pestell

If you are a tenant under a commercial lease and wish to assign your interest, underlet, charge or part with possession, then you are likely to need your landlord’s consent.

If your lease includes a covenant not to assign, underlet, charge or part with possession without your landlord’s consent and that covenant is subject to a qualification that the consent is not to be unreasonably withheld, then duties will be automatically imposed on your landlord under the Landlord and Tenant Act 1988.

The duties are to: give consent except where it is reasonable not to do so; give consent within a reasonable time; give written notice of the consent decision (with reasons for any refusal); and pass on applications for consent to anyone whose consent is required under the terms of the lease (such as a superior landlord)…

Click on the link below to read the rest of the Shoosmiths briefing.

Briefings from Shoosmiths

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…

Overview

2 Colmore Square
38 Colmore Circus Queensway
Birmingham
B4 6BJ
UK
http://www.shoosmiths.co.uk

Turnover (£m): 87.00
No. of Lawyers: 373