A lease typically contains provisions requiring a tenant to first obtain its landlord’s consent when seeking to assign/sub-let or change user or carry out alterations to the premises. A tenant must seek consent in accordance with the lease provisions and ensure it is fully aware of the statutory obligations placed on landlords regarding not unreasonably withholding consent where applicable.
We can help by:
- Advising about any pre-conditions attached to the consent as set out in the lease.
- Advising a landlord client about the efficacy of any request by a tenant, as to the terms and validity of the request, responding to and negotiating consent approval or refusal.
- Drafting and serving a request and advising on unreasonable delay in the process or a refusal.
- Issue or defend court proceedings in respect of a refusal or unreasonable delay.