Serving applications for landlord’s consent

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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)…

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