Landlord’s Refusal of Consent to Underlease of Whole of Commercial Property

Landlord’s Refusal of Consent to Proposed Underlease

PROP.MAN.95

This Landlord’s Refusal of Consent to Proposed Underlease is for use by a commercial landlord who wishes to advise a tenant that consent will not be given to a proposed underlease of the whole of the property. An alternative Refusal of Consent Letter is available for underlettings of part.

This letter should be sent once the landlord has considered the tenant’s application for consent to underlet and has decided to withhold consent. If the landlord has decided to grant consent to the proposed underletting, the Consent to Underlet Whole 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 underlet. 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.

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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