Q&As

If a lease prohibits underletting without the landlord’s consent but does not contain wording stating that the landlord’s consent is required for the grant by the undertenant of any sub-underlease, does the undertenant require the landlord’s consent to grant such a sub-underlease?

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Published on LexisPSL on 15/07/2019

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

  • If a lease prohibits underletting without the landlord’s consent but does not contain wording stating that the landlord’s consent is required for the grant by the undertenant of any sub-underlease, does the undertenant require the landlord’s consent to grant such a sub-underlease?

If a lease prohibits underletting without the landlord’s consent but does not contain wording stating that the landlord’s consent is required for the grant by the undertenant of any sub-underlease, does the undertenant require the landlord’s consent to grant such a sub-underlease?

The question of whether any particular transaction is restricted by a lease, whether consent is required and, if so, whose, is a matter of the construction of the covenants

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