Licence to Sublet & Sublease Agreement Solicitors

Leases often contain a requirement that before a tenant can sublet all or part of the property (i.e. allow a tenant holding under the possessing tenant) a licence must be entered into with the landlord and/or the management company.

The law is quite complicated, and the scenarios easily become convoluted. Even just to understand what needs to be done, and how it might be achieved, requires a high level of qualification and experience in the applicable land law. In short, there’s normally a lot more legal work involved in these situations than lay-people typically expect – so do please anticipate being surprised by how much is entailed.

Our fixed-fee product includes:

• Understanding your description of the circumstances and intended outcome
• Checking the relevant lease for details of restrictions and requirements
• Advising what needs to be done to the titles to achieve the desired objective
• Drafting the appropriate licence document and reviewing the terms of the proposed sublease (to ensure compliance with the requirements of the superior lease)

Not included is negotiation of terms between the parties, acting for more than one of the parties, obtaining any third party consents required (e.g. from lenders or landlords), dealing with any applicable trusts, and other contingencies including dealing with any Stamp Duty Land Tax arising or similar and making and pursuing to conclusion the Land Registration aspects– although we may able to offer assistance with aspects of these other issues that might arise, at extra cost, as they are required.

A lease will usually require the tenant to pay landlord’s costs for provision of consents required by the lease.