Landlord’s Refusal of Consent to Proposed Underlease (Part)
This Landlord’s Refusal of Consent to Proposed Underlease of Part can be used by a commercial landlord to advise a tenant that consent will not be given to a proposed underlease of part of the property. An alternative Refusal of Consent Letter is available for underlettings of the whole of a property.
This letter should be sent if the landlord has considered the tenant’s application for consent to underlet and has decided to refuse consent. If the landlord has decided to grant consent to the proposed underlease, the Consent to Underlet Part Letter template should be used instead.
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.
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.
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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