Q&As

How can I be sure that lender’s consent is not required to the surrender of a lease if the landlord will not supply me with a copy of the charge?

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Published on LexisPSL on 29/09/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • How can I be sure that lender’s consent is not required to the surrender of a lease if the landlord will not supply me with a copy of the charge?

How can I be sure that lender’s consent is not required to the surrender of a lease if the landlord will not supply me with a copy of the charge?

If the landlord’s title is registered and subject to a charge restricting dispositions, then there should be a restriction in the proprietorship register of the title prohibiting any disposition without the consent of the chargee.

In any event, best practice is to raise enquiries before surrender. Enquiry 2 of CPSE 5 Enquiries (see Practice Note: Commercial Property Standard Enquiries—CPSE) before surrender of a rack rent commercial lease is as follows:

‘2. MORTGAGES, CHARGES ET

2.1 Please supply a list of all mortgages and other financial charges (including floating charges and equitable charges) affecting the Property (the Charges) whether or not they are registered at the

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