The Life of a Lease: Module 3

Areas covered

When a tenant needs to offload premises, they will typically seek an assignee to whom the lease may be transferred, or an under-lessee to whom they can sub-let. Either transaction engages both contractual considerations, and rights and obligations arising under the general law - whether the range of applicable statute law, or the wealth of decided caselaw. The threat of a claim for damages means that landlord’s advisors need to be aware of the restrictions, and best practice on dealing with requests for consent, while tenant’s advisors cannot hope to get to the desired outcome unless they know where the available levers are and how to use them.

This webinar will include:

• Typical content of an alienation clause
• The Alienation Protocol, and the conduct of requests for landlord’s consent
• Assessing the third party’s covenant strength
• Landlord’s duties, and what is a ‘reasonable time’ to make the decision?
• Comparison of assignment and underletting
• Rental restrictions on underletting

Speaker

• Mark Shelton, Commercial Property Management Law Trainer, CPM Law Training Limited and Author of 'A Practical Guide to the Law of Dilapidations' and 'A Practical Guide to Applications for Landlords' Consent and Variation of Leases'