Landlord’s Refusal of Consent to Proposed Assignment of Lease
This Landlord’s Refusal of Consent to Proposed Assignment of Lease can be used by a commercial landlord to advise a tenant that the landlord is not willing to give consent to a proposed assignment of the lease.
This letter should be sent once the landlord has considered the tenant’s application for consent to assign and has decided to withhold consent. If the landlord has decided to grant consent to the assignment, the Consent to Assign Letter should be used instead.
Landlords should refer to the Protocol for Applications for Consent to Assign or Sublet when handling an application for consent to assign. The Protocol can be found at http://www.propertyprotocols.co.uk. In particular, landlords should note the requirement, where possible, to communicate their decision on the question of consent within 21 days of receiving the tenant's application.
The letter acknowledges receipt of the tenant’s application for consent and states that consent will not be given. The landlord must insert reasons for the withholding of consent. Landlords are only entitled to refuse consent on “reasonable” grounds. Landlords should consider carefully whether it is reasonable to withhold consent, taking legal advice where necessary.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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