Landlord's Consent to Assignment & Sub-letting: What is reasonable? [2019]

Webinar Details

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Mark Shelton, commercial property legal trainer

CPD Hours: 1


This webinar is presented by Mark Shelton, commercial property legal trainer.

When a lease says that the tenant must get the landlord’s prior consent before assigning its lease, or sub-letting the premises, on the face of it that’s a very simple business. The tenant asks ‘Can I?’, and the landlord replies ‘Yes’ or ‘No’, according to inclination. In reality it’s much more involved than that; a combination of conventional lease drafting, statute, and caselaw has restricted to a large extent what landlords can do, while tenants need to be alive to procedural details.

It’s an area of practice which can throw up really tricky technical issues, and there is potential for serious problems to arise in future if applications for consent are not dealt with properly.

This series of webinars focuses on the areas of most interest and difficulty, and is suitable for both solicitors and management surveyors.

What is reasonable?

• Is it just business common sense?

• Recognising ‘collateral advantage’

• Can a bad reason vitiate a good one?

• Common requirements and common errors

• Assessment of covenant strength

• Can a landlord object to an overseas assignee/guarantor?

• Rental levels and sub-letting

• The role of proposed user