Landlord’s Consent in Property Transactions - The Tricky Issues Explored

Introduction

Whether you are involved in commercial or residential leasehold conveyancing, you will inevitably be faced with obtaining a landlord’s consent or acting for a landlord in giving or refusing consent for an assignment, alteration, or change of use amongst others.

This is far from straightforward because it will often involve the notion of ‘reasonableness’ which can be subjective; there is also statutory interference and contradictory case law over when you need consent, whether it can be refused, and whether there are remedies available.

What You Will Learn

This live and interactive course will cover the following:

• When is consent required - is the alienation covenant absolute or qualified?
• How is consent to be granted - is a Deed of Consent necessary and does the proposed assignment involve change of use or alterations?
• Landlord’s consent to assignment conditional upon the assignee entering into a direct deed of covenant to observe positive covenants
• Can consent be unreasonably withheld or delayed and what is ‘reasonableness’ in this context? Challenging unreasonable refusal
• A common sample alienation clause and a look at section 19 of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988
• Consent to alterations, improvements and change of use
• On consent of freeholder for a tenant to apply for planning permission to convert from commercial to residential use
• Are Airbnb and similar short term lets breaches of lease alienation covenants?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.