Alienation & Consent in Property Transactions - Live at Your Desk

Introduction

The question of landlord’s consent can be problematic in both commercial and residential conveyancing. Arguments can often arise between the landlord and tenant about assignments, sub-letting, alterations, and use.

You may specialise in commercial work and often come across these difficulties, but they will also inevitably arise as part of a domestic conveyancing practice.

This virtual classroom session will discuss the key points including when do you need consent, can it be refused and are there remedies available?

What You Will Learn

This live and interactive session will cover the following:

• When is consent required - is the alienation covenant absolute or qualified?
• How is consent to be granted - is a Deed of Consent necessary and does the proposed assignment involve change of use or alterations?
• Landlord’s consent to assignment conditional upon the assignee entering into a direct deed of covenant to observe positive covenants
• Can consent be unreasonably withheld or delayed and what is ‘reasonableness’ in this context?
• Challenging unreasonable refusal
• A common sample alienation clause and a look at s19 Landlord and Tenant Act 1927 and Landlord and Tenant Act 1988
• Consent to alterations, improvements and change of use
• Licence for alterations and breach of covenant
• Consent to apply for planning permission to convert from commercial to residential use
• Are Airbnb and similar short term lets breaches of lease alienation covenants?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.