Conduct of Applications for Consent to Assign or Sub-let

The Landlord and Tenant Act 1988 imposes well-known duties on landlords when considering whether to permit an assignment or a sub-letting, and landlords are rightly apprehensive of falling foul of a damages claim as a result. There is a tension between the landlord’s attempts to impose control through the terms of the lease, and the assistance given to tenants by statute and decided cases, and attention understandably focuses on what a court will consider to be reasonable. It is not only the landlord’s answer which matters, but also the process of getting there, and the lessons from protocol and from caselaw are of great importance.

Module Duration: 1 hour 8 minutes

Areas covered

 This webinar places emphasis upon the process, and issues covered will include:

• 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’
• Can the tenant dictate the timetable by telling the landlord that it is urgent?
• Securing the essential terms in the licence deed