This is a lecture which aims to provide both solicitors and surveyors with a handy yet detailed checklist of matters to be considered in any situation in which a tenant requires landlord’s consent to assign/sub-let, make alterations or change the user.
Following through the relevant law from the making of the request through its grant or refusal and ending with a look at the damages that can be payable if the landlord or tenant’s adviser falls foul of that law, this is a comprehensive guide to this complex and dangerous area of the law.
On completion of this video you should be able:
- To provide a handy checklist for those advising landlords and tenants in relation to any application by the tenant for consent under a lease
- To appreciate the key legal concepts which arise in the course of such an application, including in relation to different types of covenant commonly encountered and the meaning of ‘reasonableness’
- To realise the dangers that arise for both landlord and tenant in the process, particularly as regards the service of notices and exposure to claims for damages
- To understand the pitfalls commonly encountered and the mistakes commonly made in applications for consent, especially having regard to the different legal rules which apply to an application for consent to assign or sub-let as compared to applications to carry out alterations or for change of use
Jonathan Seitler QC is a barrister at Wilberforce Chambers He has been named as Chambers & Partners Real Estate Silk of the Year for an unprecedented three times and is the author of several books: ‘Claims against solicitors and valuers’, ‘Commercial Dispute Resolution’ and the bestselling ‘Leases: Covenants and consents’. He also authors EG’s ‘Potted Guides’ and hosts the associated ‘Podded Guides’ on the EG podcast platform. Jonathan appeared as Counsel in both K/S Victoria Street and also EMI, the two leading cases on the topic.