Obtain consent of landlord or mortgagee

Understanding how to obtain the landlord or mortgagee’s consent is crucial for navigating lease agreements effectively. This guidance note covers essential aspects of consent requirements under current property law frameworks. Practitioners must grasp the implications of landlord and mortgagee consents to avoid common pitfalls and ensure enforceability.

Topics Covered

Assignment and Subleasing – Key considerations when seeking landlord approval for lease transfers and subleases.
Heads of Agreement – Insights on when landlords become contractually bound.
Commercial Leases (all jurisdictions)

Critical Elements

Evaluate the risks when a landlord’s mortgagee refuses consent and the potential for lease termination.
Consider the strategic timing of obtaining mortgagee consent before lease execution and possession.
Understand the varying degrees of landlord discretion in consenting to alterations or assignments.
Identify circumstances where conditional consent is imposed, including environmental sustainability clauses.
Recognise the financial implications for tenants, including mortgagee consent fees and landlord cost recoveries.

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