Landlord Consent to Sublet (UK)
LANDLORD'S CONSENT TO SUBLET
This Consent to Sublet (the "Consent") is granted on [Consent Date] by:
[Landlord Name], of [Landlord Address], [Landlord City], [Landlord Postcode] (the "Landlord");
in favour of [Tenant Name], of [Tenant Address], [Tenant City], [Tenant Postcode] (the "Tenant").
BACKGROUND
A. The Landlord is the landlord and the Tenant is the tenant under a lease or tenancy agreement dated [Head Lease Date] (the "Head Lease") in respect of the property known as [Property Address], [Property City], [Property Postcode] (the "Property").
B. The Head Lease contains a covenant by the Tenant not to sublet [Sublet Part] of the Property without the prior written consent of the Landlord.
C. The Tenant has requested the Landlord's consent to sublet [Sublet Part] to [Subtenant Name], of [Subtenant Address], [Subtenant City], [Subtenant Postcode] (the "Subtenant"), on the terms described below.
D. The Landlord has considered the Tenant's request and grants consent on the terms and conditions set out in this document.
1. GRANT OF CONSENT
1.1 The Landlord hereby consents to the subletting by the Tenant of [Sublet Part] of the Property ([Sublet Part Description]) to the Subtenant for a term commencing on [Sublet Start Date] and ending on [Sublet End Date] (or such earlier date as the sublease or the Head Lease may terminate), at a rent of [Sublet Rent].
1.2 This Consent is given in accordance with section 19(1) of the Landlord and Tenant Act 1927, which provides that where a lease contains a covenant not to sublet without consent, such consent shall not be unreasonably withheld.
1.3 This Consent is specific to the subletting described in clause 1.1. It does not authorise any further subletting, assignment, or dealing with the Property, or any subletting on different terms, without the Landlord's further prior written consent.
1.4 This Consent is conditional on compliance with the conditions set out in this document. If the Tenant fails to satisfy any condition before the sublease commences, the Landlord may withdraw this Consent.
2. CONDITIONS OF CONSENT
2.1 This Consent is subject to the following conditions:
- The sublease shall not exceed the unexpired term of the Head Lease;
- The sublease rent shall not exceed the rent reserved under the Head Lease;
- The sublease shall contain obligations on the Subtenant to observe and perform all the covenants and conditions in the Head Lease (other than the payment of rent and the obligation not to sublet without consent) that are consistent with the Subtenant's occupation;
- The sublease shall not grant the Subtenant any right to further sublet, assign, or part with possession of the Property without the Landlord's prior written consent;
- A copy of the executed sublease shall be provided to the Landlord within 14 days of completion;
3. LANDLORD NOT RESPONSIBLE FOR SUBTENANT
3.1 The Landlord is not a party to the sublease between the Tenant and the Subtenant and accepts no liability to the Subtenant arising from the sublease, the condition of the Property, or the Tenant's conduct as a sublandlord.
3.2 The Landlord does not warrant that the sublease entered into by the Tenant and the Subtenant is valid, enforceable, or fit for purpose. The parties should take their own legal advice.
4. STATUTORY NOTICE
4.1 The Landlord confirms that this Consent is granted under section 19(1) of the Landlord and Tenant Act 1927. The Landlord has not withheld consent unreasonably. The conditions set out in this Consent are conditions that the Landlord is permitted to impose by virtue of section 19(1)(b) of the 1927 Act and are reasonable in the circumstances.
4.2 If the Tenant considers that any condition imposed by this Consent is unreasonable, the Tenant may apply to the court for a declaration under section 19(1) of the 1927 Act. An unreasonable refusal of consent or the imposition of an unreasonable condition may entitle the Tenant to proceed with the subletting without consent, or to claim damages.
5. GOVERNING LAW AND JURISDICTION
5.1 This Consent and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.
5.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising in connection with this Consent.
6. THIRD PARTY RIGHTS
6.1 A person who is not a party to this Consent shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, except that the Subtenant may rely on any terms of this Consent expressly conferring rights on the Subtenant.
SIGNED AND DELIVERED by the parties on the date first stated above.
THE LANDLORD
Name: [Landlord Name]
Address: [Landlord Address], [Landlord City], [Landlord Postcode]
THE TENANT (acknowledges receipt of this Consent)
Name: [Tenant Name]
Address: [Tenant Address], [Tenant City], [Tenant Postcode]
Landlord
________________
Signature
Date: ________________
Tenant
________________
Signature
Date: ________________
What Is a Landlord Consent to Sublet (UK)?
A Landlord Consent to Sublet in the United Kingdom varies, extends, or brings to an end an existing tenancy and records the terms on which the parties agree to do so, and is shaped by the Law of Property Act 1925.
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 thorough 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.
The legal framework governing the Landlord Consent to Sublet (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under the Landlord and Tenant Act 1985 and Housing Act 1988, disputes may be referred to the First-tier Tribunal (Property Chamber). Section 11 of the Landlord and Tenant Act 1985 sets repair obligations. The Land Registry maintains title records under the Land Registration Act 2002. Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 governs contracts for the sale of land. The Tenant Fees Act 2019 restricts permitted payments. Parties executing a Landlord Consent to Sublet (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Law of Property Act 1925 sets the foundational requirements.
When Do You Need a Landlord Consent to Sublet (UK)?
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.
What to Include in Your Landlord Consent to Sublet (UK)
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. The forms-legal.com Landlord Consent to Sublet (UK) template covers the mandatory elements under Law of Property Act 1925.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Landlord Consent to Sublet (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/real-estate/leases/landlord-consent-to-sublet-uk
"Landlord Consent to Sublet (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/real-estate/leases/landlord-consent-to-sublet-uk.
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author = {{Forms Legal}},
title = {Landlord Consent to Sublet (UK) (United Kingdom)},
year = {2026},
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note = {Free legal document template. Based on Law of Property Act 1925}
}Frequently Asked Questions
Section 19(1) of the Landlord and Tenant Act 1927 provides that where a lease contains a covenant not to sublet, assign, or part with possession without the landlord's consent, such consent shall not be unreasonably withheld. This applies to all leases containing such a qualified covenant — whether residential or commercial. A landlord who unreasonably withholds consent may be sued by the tenant for breach of section 19(1), and the tenant may be entitled to proceed with the subletting without consent or to claim damages for loss caused by the delay or refusal. What constitutes 'unreasonable' withholding depends on the circumstances. Grounds that may justify withholding consent include genuine concerns about the proposed subtenant's financial standing or identity, or a reasonable belief that the sublease would breach planning conditions. Grounds that are generally considered unreasonable include objecting to the nationality or religion of the proposed subtenant (which would also breach the Equality Act 2010), or refusing consent simply to obtain a financial advantage. The Landlord and Tenant Act 1988 (which applies to commercial leases) requires a landlord who receives a written request for consent to respond within a reasonable time (which the courts have generally held to be around four weeks) — failure to do so gives the tenant an automatic right to proceed and a potential claim for damages.
Under section 19(1)(b) of the Landlord and Tenant Act 1927, a landlord may impose conditions on the grant of consent to sublet, provided those conditions are reasonable. Conditions that are commonly considered reasonable include: requiring the subtenant to enter into a direct deed of covenant with the landlord to observe the head lease covenants; requiring that the sublease contains terms that are no less onerous than the head lease; requiring that the sublease rent does not exceed the head lease rent (this prevents 'rent profiteering' from a subletting above market rent where the head lease restricts it); requiring that the sublease term does not exceed the unexpired head lease term; requiring that a copy of the executed sublease is provided to the landlord within a specified period; and requiring the tenant's solicitors to undertake to pay the landlord's reasonable legal costs of reviewing and approving the sublease. Conditions that are likely to be considered unreasonable include requiring the tenant to pay a fee to the landlord purely for giving consent (which is not a reasonable condition but may be permitted as a recovery of genuine legal costs); requiring the tenant to repay any uplift in value resulting from the subletting; and imposing conditions that are wholly unrelated to the legitimate concern of managing the landlord's interest in the property.
A deed of covenant from a subtenant is a formal legal document in which the subtenant covenants directly with the landlord to observe and perform the covenants in the head lease. It creates a direct contractual relationship between the landlord and the subtenant, even though the subtenant is not a party to the head lease. Without a deed of covenant, the landlord's only contractual relationship in relation to the property is with the original tenant (and potentially with former tenants and guarantors). If the sublease is created by the tenant as sublandlord, the landlord has no direct contractual remedy against the subtenant if the subtenant breaches the head lease covenants. A deed of covenant provides the landlord with additional protection: if the tenant/sublandlord becomes insolvent, disappears, or is otherwise unable to enforce the sublease, the landlord can take direct action against the subtenant. The deed of covenant is typically a short document in which the subtenant acknowledges the terms of the head lease and covenants directly with the landlord to observe those covenants that are applicable to the subtenant's occupation. It is usually prepared by the landlord's solicitors, and the cost is typically met by the tenant. The Landlord and Tenant (Covenants) Act 1995 governs the position of original tenants and successors in title in relation to the covenants in leases granted on or after 1 January 1996.
No. Under English law, the grant of a sublease does not release the original tenant from their obligations under the head lease. The subletting tenant becomes a 'sublandlord' — they remain liable to their landlord under the head tenancy, while simultaneously becoming a landlord in their own right to the subtenant under the sublease. The Landlord and Tenant (Covenants) Act 1995 governs the liability of original tenants and their successors under leases granted on or after 1 January 1996. Under the 1995 Act, when a tenant assigns a lease (as opposed to subletting), the original tenant is generally released from future liability once the assignment is completed and registered. However, a subletting is different from an assignment — in a subletting, the original tenant does not dispose of their entire leasehold interest. They retain their head tenancy and remain liable under it throughout its term. This means that if the subtenant fails to pay rent, causes damage to the property, or otherwise acts in breach of the head lease covenants, the head landlord can still pursue the original tenant for all losses. The original tenant then has a separate claim against the subtenant under the sublease. For this reason, it is important for tenants to carefully consider the financial standing and reliability of any proposed subtenant before entering into a sublease.
Subletting and assigning are two different ways of dealing with a leasehold interest in England and Wales. When a tenant sublets, they grant a new lease to a subtenant out of their own leasehold interest. The original tenant remains the landlord's direct contractual counterparty under the head lease and retains all the obligations under it. The sublease is a separate legal arrangement between the tenant (as sublandlord) and the subtenant. The sublease must expire before or at the same time as the head lease — it cannot extend beyond the head lease term. When a tenant assigns, they transfer their entire leasehold interest to the assignee. The assignee steps into the tenant's shoes and becomes the direct counterparty to the landlord. Under the Landlord and Tenant (Covenants) Act 1995, the original tenant is automatically released from future liability under the lease covenants when an assignment is completed under a lease granted on or after 1 January 1996 (subject to any authorised guarantee agreement). Both subletting and assignment typically require the landlord's prior written consent if the lease contains a qualified alienation covenant. From the landlord's perspective, assignment is generally preferred over subletting, as it results in a direct contractual relationship with the assignee rather than the maintenance of an intermediate sublease layer. From the tenant's perspective, subletting preserves the option of returning to occupation at the end of the sublease, whereas assignment permanently disposes of the leasehold interest.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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