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Underletting Letters, Terms and Licences

Some business leases, particularly those with terms over 5 years, permit a tenant to underlet the premises subject to obtaining the Landlord’s consent. The Landlord’s consent is usually given in a formal Licence to Underlet.

When a tenant seeks permission from the landlord to sublet a property, they typically submit an underletting letter outlining the terms of the proposed sublease. A landlord will want to be satisfied that the proposed undertenant will be able to pay the underlease rent and be a suitable occupier of the premises before granting consent.  There must be a legitimate reason for objecting to an underletting because the sub-tenant will not have a direct contractual relationship with the landlord who will continue to receive rent from their tenant.  For example, the term of the underletting should not exceed the term of the tenant's lease or the tenant's proposed use is in contravention of the tenant's lease may not be an unreasonable ground to withhold consent. 

These Underletting Letters, Terms and Licences offer a range of professionally drafted templates to held landlords with requests for underletting and include heads of terms for underleases, as well as licences and letters for use by the landlord to send to the tenant.

Landlords should refer to the Protocol for Applications for Consent to Assign or Sublet when dealing with an application for consent to underlet. The Protocol can be found at http://www.propertyprotocols.co.uk. Compliance with the Protocol is voluntary but widely supported in the commercial property sector. These documents are designed to aid compliance with the Protocol.

The documents are constructed in Word format, and can be customised to meet your requirements. Please click on the links below to access the documents.

For use in England and Wales only.

Underletting Letters, Terms and Licences is part of Property . Just £35.00 + VAT provides unlimited downloads from Property for 1 year.

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