Alienation Consents - Escape Routes for Landlords [2023]

Tenants have powerful rights under the Landlord and Tenant Act 1988, to force landlords into granting consent to assignments and underlettings despite perhaps having significant misgivings. Landlords can find themselves put under pressure to consent by the threat of a claim for damages, but even when apparently cornered, there may be opportunities to relieve the pressure so as to at least buy time for proper consideration and negotiation, and perhaps to succeed in resisting the proposed transaction altogether. We will consider the implications of connected applications for alterations and change of use, as well as issues concerning waiver of any right to forfeit, as well as tactical grant of consent, and drafting options for improving the landlord’s position.

At the end of this session, you will have an understanding of:

• How alienation clauses can be structured favourably to the landlord
• What considerations affect the question whether a landlord has made its decision within a reasonable time
• How connected applications for change of use and alterations can be used creatively
• How an application may be progressed without waiving a right to forfeit