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 premises
  • Carrying out alterations to the property
  • Planning applications

Failing to obtain consent from the landlord, or continuing with a planned action despite refusal of the landlord’s consent, may have serious consequences for the tenant. It may also lead to a dispute between the landlord and tenant.

If you are a commercial tenant facing allegations that you have breached the terms of the lease in this respect, or if you are a landlord looking to enforce your powers of consent under the lease, Luscombe Gray can provide exceptional legal support.

At Luscombe Gray, we firmly believe in taking an ethical approach to commercial property disputes. Aggressive behaviour in litigation is rarely productive; it causes parties to entrench their position, provokes petty arguments, and often leads to greater financial harm. Luscombe Gray does things differently. Adopting a strong, respectful approach allows greater scope for quick dispute resolution, using methods such as alternative dispute resolution where appropriate. This means reducing the disruption and costs to your business, whilst often allowing a continued business relationship between the parties after the dispute.

If you would like to discuss how Luscombe Gray can help your business, please do not hesitate to contact us.

Tenants seeking their landlord’s consent

Commercial tenants must always be aware of when terms of their lease require their landlord’s consent. Seeking consent before taking any action ensures that no damage has been done in the event that consent is refused.

Should you proceed with an action after consent has been refused, your landlord may have sufficient grounds to forfeit the lease.

Luscombe Gray can advise you on all aspects of your position relating to seeking your landlord’s consent. We can also assist with preparing formal requests, to put you in the best possible legal position from the outset.

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.

Luscombe Gray can guide you in dealing with requests for landlord consent. Our solutions are based upon the real-world context of your business, placing your interests, and those of your business, at the centre of any work we undertake for you.

Instructing Luscombe Gray

Luscombe Gray is a boutique commercial property litigation firm, providing a legal service tailored to the needs of our clients.

We believe first-class commercial legal support should be available to all organisations. Whatever the size of your business, we are more than willing to provide our services and put our specialist skill and knowledge at your disposal.

Your case will be handled by Chris Luscombe personally, so you can be certain that your business will be able to call upon the expertise of an experienced commercial property litigation solicitor. Throughout his career, Chris has helped a wide range of businesses with their commercial property disputes, from small businesses, to national pub companies, to multi-national telecoms giants.

Luscombe Gray is based in the heart of Yorkshire, in Harrogate, with the reach to assist clients across the country.

If your business needs legal support on a dispute concerning provision of landlord’s consent, contact Luscombe Gray for clear, ethical, expert advice.

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