Licences to assign, sub-let and alter

Why (or when) someone would need this service?

A landlord or a tenant may need to give or obtain consent under the terms of a lease, for example, to transfer the lease, to grant a sub-lease or to make alterations to the premises.

How does the process work/what are the steps?

Usually it is the tenant who wishes to obtain permission of the landlord and the tenant will have to pay not only their own solicitors’ costs but also the landlord’s solicitors’ costs. The landlord’s solicitor usually provides the first draft documentation.

How long does it take?

Usually a licence can be dealt with in four weeks or so, although licences for alterations may take a little longer if a landlord’s surveyor has to approve plans and drawings.

Is it expensive? How do the costs work?

We usually work for a fixed fee, although additional charges may apply, if for example, we are asked to take references, deal with a rent deposit deed or to liaise with surveyors. We cannot ordinarily act for both landlord and tenant. Our lawyers will advise you on our fee structure for your particular transaction.

What are the things people should consider before calling?

For licences to assign and to sub-let we would require full details of the assignee and confirmation as to whether any references have been taken up for them. For licences for alterations there should be in the course of preparation a detailed schedule and plans if necessary. We would need details of the other party’s solicitors too.

Why are Grant Saw the best people for the job?

We are able to deal with this matter quickly and efficiently and have extensive experience of dealing with similar licences.

Licences to assign, sub-let and alter tips

Wherever possible assignees and sub-tenants should be agreed in principle by a landlord before solicitors are instructed, sometimes with the help of references taken up by the lettings agent.

Licences to assign, sub-let and alter myth busting

What myths are there are around this area?

That landlords are always obliged to grant consent for assignments, underlettings and licences to alter. This is not correct. The requirements upon each party will be governed by the terms of the lease in each case.