Landlord Considerations When Agreeing To Sublet

The rise of online shopping, changing consumer preferences, and the economic challenges brought about by Covid have led to tenants increasingly requesting consent from Landlord's to sublet their commercial leases.

So, what should the Landlord consider when granting consent?

A lot will depend on the provisions agreed in the lease, and therefore careful thought needs to be given to this at the outset of negotiations, particularly if the lease is silent on this issue or expressly allows underletting without consent.

If this is the case, the tenant is free to underlet the commercial property in whole or in parts without the Landlord's consent, and the Landlord may find their hands tied by what has been agreed in the lease.