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Tenant's request

This page deals with the tenant's application to the landlord requesting consent to assign, sub-let or charge the lease, the form and contents of the request and how it should be served.


Introduction

The tenant must ask for consent. If he fails to do so and assigns or sublets there will be a breach of covenant however unreasonable the landlord’s refusal might have been.

A practice has developed whereby the request is made by the proposed assignee. If a solicitor for a proposed assignee wishes to act as agent on behalf of the tenant in obtaining consent this should be done without any ambiguity. Unless the application is made by or on behalf of the tenant it will not be a valid application.


Form and contents

In order to preserve the tenant’s rights under the Landlord and Tenant Act 1988 and, in any event as a matter of good practice, the request should:
  • Be in writing (s1(3)).
  • Specify what the tenant proposes to do (sub-let/assign/charge), in relation to which parts of the property. The tenant’s request must be clear, unequivocal and specific (Creery v Summersell Flowerdew & Co Ltd [1949] Ch 751). In the case of a sub-letting it is advisable to enclose a copy of the proposed sub-lease.
  • Identify correctly the proposed sub-tenant, assignee or mortgagee.
  • Specify correctly the intended user of the premises by the proposed assignee or sub-tenant and the nature and name of any bus ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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