Tenant’s Request for Consent to Assign a Lease
This Tenant’s Request for Consent to Assign a Lease is a template letter for a Tenant to send to its Landlord asking for consent to an assignment (or sale) of the lease. It complies with the Protocol for Applications for Consent to Assign or Sublet. The Protocol can be found at http://www.propertyprotocols.co.uk.
Commercial leases generally prohibit assignment (or sale) of the lease without the Landlord’s consent. If the Tenant wishes to assign (or sell) the lease, it will need to ask the Landlord for consent. The Landlord’s consent is usually given by way of a formal Licence to Assign.
When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.
Usually, the Landlord will be under a duty “not to unreasonably withhold or delay consent”. The Landlord must therefore deal promptly with the Tenant’s request for consent and must either agree that consent will be given or give reasonable grounds for refusing consent. This duty only arises once the Landlord has received full information about the proposed assignment, hence the need to ensure that all relevant information is included in the Tenant’s letter.
Case law suggests that the Landlord’s decision should be made within days or weeks, rather than months, although this will depend on the circumstances. If the matter is particularly urgent from the Tenant’s point of view, this should be made clear in the letter. There is optional wording dealing with timescale and urgency.
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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