Protocol For Applications For Consent To Assign Or Sublet

Of the various attempts to strike a fair balance in the landlord and tenant relationship, and to mitigate some of its rougher edges, at the 'softer' end are those that seek to influence and guide rather than prescribe or legislate.  Of late that 'softer' side seems to have mainly comprised codes of practice; and in our estimation their impact has been mixed, at best.  Perhaps with that in mind, and also perhaps bearing in mind that much can lie in a name, a new protocol has been drawn up for commercial landlords and tenants by two eminent Q.C.s from Falcon Chambers and two leading partners at Hogan Lovells: The Protocol for Applications for Consent to Assign or Sublet.

The aim of the Protocol is very simple.  In what historically has been a well litigated area, it looks to set out a route map for applications to assign and/or sublet under commercial leases, with a view to their being processed as efficiently and cleanly as possible.  For example, the tenant should