Landlord’s consent will often have to be sought in commercial leases where the tenant wishes to deal with his interest (assignment, subletting etc) or to carry out alterations. This session is a practical guide those advising landlords or tenants on the pitfalls to be avoided (and how) and ways in which the process of consent can be streamlined and speeded-up to achieve the best possible result for all parties. The session provides a practical review of existing and new case law, as well as the impact of statute looking at cases such as Topland (inadvertent release of guarantor); Singh v Dhanji (damages for failure to give consent) and whether or not s19(1A) clauses allow the landlord to absolutely refuse consent following Zinc Cobham v Adda, the role of pre-conditions in TCG v Girdlers and No 1 West India Quay and the role of IDF in other ‘consent’ covenants.
As a result of watching this video, delegates will:
- Understand the landlord’s statutory duties in connection with an application to assign/sub-let or to carry out alterations, and the impact of statute on the lease wording
- Be aware of the problems with alienation covenants with pre-conditions, and how to avoid them
- Be able to advise landlords on what basis they may be able to refuse consent to assign/alter, how and whether (and if so what) any conditions may be imposed
- Be alert to the potential pitfall of granting a licence in spite of an absolute prohibition in the lease in the light of the Topland case
Sarah Thompson-Copsey is a former property litigation partner at the City law firm now known as Dentons, handling all types of commercial property problems, but with an emphasis on avoiding & resolving commercial landlord and tenant disputes. Sarah now works as a freelance lecturer, trainer and author and lectures & writes regularly on commercial property topics, as well as providing independent auditing and consulting services for law firms.
Sarah is co-author of Tenants’ Pre-emption Rights: A landlord’s guide to the Landlord and Tenant Act 1987 (Jordans) and Mixed Use and Residential Tenants’ Rights: The Landlord and Tenant Act 1987 and Leasehold Enfranchisement, (Elsevier 2009). She is also on the property consultation board of Practical Law Company and a site editor for the Property Law website at www.propertylawuk.net.