Most commercial leases will provide landlords with the power to prevent certain actions their tenants may take without the landlord’s consent. These include:
- Subletting
- Assigning
- Changing the use of the property
- Carrying out alterations to the property
- Planning applications
Tenants seeking their landlord’s consent
Commercial tenants must always be aware of when the terms of their lease requires landlord’s consent. Failing to obtain consent from the landlord, or continuing with a planned action despite refusal of the landlord’s consent, may provide the landlord to have sufficient grounds to take action against the tenant.
Considerations for landlords when their consent is requested
Landlords should consider all possible consequences of giving or refusing their consent. This may be a balancing act between protecting the value of your commercial property whilst also allowing the tenant to conduct their business and continue to pay rent.
In certain situations, you will be under a statutory obligation to give consent except where you have reasonable grounds for refusing it. If your tenant disputes your decision on consent, the burden will be upon you to demonstrate that your refusal was reasonable.
Instructing Luscombe Gray
Luscombe Gray is a boutique property litigation firm, providing a legal service tailored to the needs of our clients. We believe first-class legal advice should be available to all.
If you need legal support for a dispute concerning landlord’s consent, contact Luscombe Gray for clear and expert advice. Your case will be handled by an experienced property litigation solicitor.
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