Consent to Assign and Sublet
The module will cover best practice in applying for landlord’s consent under commercial leases, and in dealing with applications. The inevitable focus on what is or is not reasonable on the landlord’s part can obscure practical aspects which have an important influence on the outcome. Whether or not a disputed application ends up in court, going about things the wrong way can seriously undermine your negotiating position. The Alienation Protocol published in 2015 has served to underline the lessons of caselaw in some respects, and the module will examine the Protocol as well as considering what formal requirements might apply, and the conduct of applications more widely.
- What information needs to accompany the application
- How applications should be made
- How to manage requests for further information
- How landlords can progress the matter while preserving their options
- Dealing with applications while not waiving a right to forfeit
- Assessing a ‘reasonable time’