Landlord's consent is required for a variety of things that their
tenants may wish to do: assign the lease; sublet; carry out alterations
to the property; change the established use; and a range of others. It's
understandable that landlords wish to protect their investment, and
therefore retain control over what tenants can do; and equally
understandable that tenants seek flexibility to deal with the property
in whatever is the most beneficial manner for them.
How the tension between these competing objectives is resolved by
provisions in the lease may have important monetary consequences for
both landlord and tenant, affecting the marketability and the rental
value of the property. Issues of landlord's consent have been considered
important enough to merit legislative action on a number of occasions,
and in some respects have changed the balance of power between landlord
and tenant very significantly.
As a result of this combination of contract and statute, there is often
scope for dispute as to whether the landlord is acting reasonably in
refusing consent, or in imposing conditions upon the grant of consent,
or just in the manner in which it is dealing with the application. A
considerable body of caselaw exists on these matters, as well as
guidance in codes and protocols which may be non-binding but which are
increasingly persuasive.
Work of this sort is often regarded by clients as being routine and
straightforward, and may therefore be delegated to junior staff. The
challenge is compounded by the fact that grant of consent may often also
involve variation of the lease, whether explicitly recognised or not.
Lease variations carry their own range of issues: some about the
required formalities and other purely technical aspects, and others
about much more immediate concerns such as the effect of variations upon
the liability of guarantors and former tenants.
This book is a practical guide to the conduct of applications for
consent, whether acting for landlord or tenant, as well as to the
implications of varying the lease. It is intended to be of assistance to
general practice solicitors and surveyors.
ABOUT THE AUTHOR
Mark practised in major commercial law firms for thirty years,
specialising in property dispute resolution. He has acted for businesses
large and small, including FTSE-listed property companies and
household-name corporate occupiers, across the whole range of
property-related issues. He has wide experience in conducting
contentious applications for consent, and advising upon lease
variations.
He is now a full-time commercial property management law trainer,
putting his expertise and experience to good use in training both
lawyers and surveyors. He delivers training for providers including MBL
Seminars, Central Law Training, Professional Conferences, CPT Events and
Solicitors Group.
Mark is also the author of The Lease Guide website, which aims to
provide helpful and practical guidance in an understandable and
digestible format to small businesses taking a lease.
