A Landlord Consent to Sublet is a formal written document used in England and Wales under which a landlord grants permission to a tenant to sublet all or part of a property to a third party (the subtenant). Most leases and tenancy agreements in England and Wales contain a 'qualified covenant' against subletting — meaning that the tenant is not permitted to sublet without the landlord's prior written consent. Without such consent, subletting would be a breach of the lease or tenancy agreement, potentially entitling the landlord to forfeit the lease or seek damages.

The legal framework for landlord consent to sublet in England and Wales is primarily governed by section 19(1) of the Landlord and Tenant Act 1927. This provision implies into any lease containing a qualified covenant against subletting a statutory restriction on the landlord's right to withhold consent: the landlord's consent shall not be unreasonably withheld. A landlord who unreasonably refuses consent may be sued by the tenant, and the tenant may also be entitled to proceed with the subletting without consent.

The landlord may, however, impose reasonable conditions on the grant of consent under section 19(1)(b) of the 1927 Act. Common conditions include requiring the subtenant to enter into a direct deed of covenant with the landlord (which creates a direct contractual relationship between the landlord and subtenant), requiring the sublease to be on terms no less onerous than the head lease, and requiring a copy of the executed sublease to be provided to the landlord.

Our UK Landlord Consent to Sublet template is designed for use in England and Wales for residential and commercial leases. It provides a comprehensive framework that satisfies the requirements of the Landlord and Tenant Act 1927 and the Landlord and Tenant (Covenants) Act 1995, addresses the conditions of consent and deed of covenant requirements, confirms the tenant's ongoing liability under the head lease, and includes all the statutory notices required for a valid consent.

A Landlord Consent to Sublet document is needed whenever a tenant wishes to sublet their property (or part of it) and the lease or tenancy agreement requires the landlord's prior written consent. Without a formal written consent, both parties face significant legal and practical risks.

For the tenant, the risks of subletting without consent include: forfeiture of the lease (in the case of a long leasehold) or early termination of the tenancy; a claim for damages by the landlord; and liability for any breaches committed by the subtenant for which the tenant, as sublandlord, remains responsible to the head landlord.

For the landlord, the benefits of a formal written consent document include: a clear record that consent was granted on specific conditions; the ability to require a deed of covenant from the subtenant to create a direct contractual relationship; confirmation that the tenant's obligations continue notwithstanding the subletting; and a document that can be produced as evidence in any future dispute about the subletting.

A Landlord Consent to Sublet is typically required in the following common situations: a residential long leaseholder who wishes to rent out their flat to a tenant while they work or live abroad; a commercial tenant who has more space than they currently need and wishes to sublet part of their office, retail, or industrial premises to a third party; a residential tenant on a fixed-term assured shorthold tenancy who needs to move temporarily and wishes to sublet their room or flat rather than break the tenancy; and a tenant who has taken a head lease of a property with the intention of subletting individual units within it as part of a legitimate property investment strategy.

Note that this template is a consent document — it does not itself create the sublease. The parties will also need to execute a separate sublease agreement between the tenant and the subtenant on the agreed terms.

A well-drafted Landlord Consent to Sublet for use in England and Wales must address the following key elements.

The identification of the parties and property clause is fundamental. The consent must clearly identify the head landlord, the tenant seeking consent, the proposed subtenant, and the property (or the part of it) to be sublet. Reference should be made to the original head lease or tenancy agreement — including its date — so that the reader can readily identify the document under which the subletting covenant arises.

The grant of consent clause confirms the landlord's agreement to permit the subletting. It should specify the proposed term of the sublease, the proposed sublease rent, and whether the whole or part of the property is being sublet. The consent must be consistent with the requirements of the head lease — for example, it should not permit a sublease term extending beyond the unexpired term of the head lease.

The statutory compliance clause should confirm that the consent is granted in accordance with section 19(1) of the Landlord and Tenant Act 1927 and that the conditions imposed are conditions that the landlord is entitled to impose under section 19(1)(b). If the landlord is imposing any conditions, those conditions should be explicitly stated to be reasonable.

The conditions of consent clause sets out any conditions that the landlord wishes to impose. Standard conditions typically include: the sublease must contain terms no less onerous than the head lease; the sublease rent must not exceed the head lease rent; the subtenant must observe all head lease covenants applicable to their occupation; the sublease must not grant further subletting rights; and a copy of the executed sublease must be provided to the landlord.

The deed of covenant clause, where required, specifies that the subtenant must execute a deed of covenant directly with the landlord before the sublease commences. This is one of the most practically important provisions — without it, the landlord has no direct contractual remedy against the subtenant if the subtenant breaches the head lease covenants.

The tenant's ongoing liability clause confirms that the subletting does not release the tenant from any of their obligations under the head lease. This is consistent with the Landlord and Tenant (Covenants) Act 1995 and should be expressly stated to avoid any later dispute.

The statutory notice provisions acknowledge the operation of section 19(1) of the 1927 Act and the tenant's right to challenge any conditions as unreasonable.

The governing law clause should specify England and Wales. The agreement should include an exclusion of third party rights under the Contracts (Rights of Third Parties) Act 1999, with an exception for any rights expressly conferred on the subtenant by the consent document.