Landlord’s remedies for assigning or underletting without consent


Published by a ½Û×ÓÊÓƵ Property Disputes expert
Practice notes

Landlord’s remedies for assigning or underletting without consent


Published by a ½Û×ÓÊÓƵ Property Disputes expert

Practice notes
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For guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice Note: Landlord's consent to assign or underlet. If a breach has occurred, the following remedies are available to a landlord.

Forfeiture

Assigning or underletting without consent, where that consent is required, is a breach which (on usual lease terms) gives rise to a right to forfeit the lease. The tenant may seek relief from forfeiture in the usual way. If there is no application for relief, though, forfeiture will end the lease and any sublease granted out of it. For more information in respect of forfeiture, see Practice Note: Forfeiture of a lease.

Injunction

In a falling or weak market, the landlord may be reluctant to forfeit, especially if they think the tenant would not apply for relief. Ending the lease in circumstances where reletting is likely to prove difficult leaves the landlord without

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Landlord definition
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A person who grants a lease.

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