Underletting Sample Clauses
The Underletting clause defines the conditions under which a tenant may sublease all or part of the leased premises to another party. Typically, this clause outlines whether the landlord’s consent is required, any restrictions on the type of subtenant, and the process for seeking approval. For example, it may require the tenant to provide details about the proposed subtenant and the terms of the underlease. The core function of this clause is to give the landlord control over who occupies the property, thereby protecting their interests and maintaining the intended use and value of the premises.
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Underletting. (A) Not to underlet the whole of the demised premises otherwise than by an instrument in writing substantially in the form of this Lease approved by the Landlord (such approval not to be unreasonably withheld or delayed):
(i) containing an absolute prohibition against the underlessee underletting, charging, parting with possession or sharing the occupation of the premises underlet or any part of them or assigning part of them;
(ii) at the best rent reasonably obtainable without taking a fine or premium;
(iii) containing provisions for the rent reserved by the underlease to be reviewed in an upwards direction only with effect from the same dates as the principal yearly rent under this Lease is liable to be reviewed and upon the same principles of ascertainment; and
(iv) containing or having endorsed upon it an agreement excluding sections 24 to 28 of the Landlord and ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ authorised by an order of the court under section 38(4) of that Act.
(B) Not to underlet the whole of the demised premises without procuring that the undertenant enters into direct covenants with the Landlord:
(i) to observe and perform the tenant's covenants in this Lease (other than as to the payment of rent);
(ii) to pay the rents reserved by the proposed underlease and to observe and perform the undertenant's covenants in such underlease; and
(iii) not to assign the premises underlet without the prior consent of the Landlord under this Lease such consent not to be unreasonably withheld or delayed.
(C) Subject to sub-paragraphs (A) and (B), not to underlet the whole of the demised premises without the consent of the Landlord (such consent not to be unreasonably withheld or delayed).
Underletting. (a) Not to grant an Investment Underlease following the commencement of but prior to the completion of any Redevelopment but this clause shall not prevent:
(i) the Tenant from contracting to grant an Investment Underlease following such completion provided that the Tenant complies with the other provisions of this clause 11;
(ii) the Tenant from granting a lease of whole or substantially the whole of the Demised Premises to a s237 Assignee;
(iii) a s237 Assignee (once Tenant or subtenant) granting a lease of whole or substantially the whole of the Demised Premises to the previous Tenant under this Lease ("s237 Lease") or from contracting to grant a s237 Lease (in relation to both of (ii) and (iii) the consent of the Landlord shall not be required (provided that in relation to (iii) if there is a guarantor of the Tenant immediately prior to the assignment to a s237 Assignee such guarantor shall guarantee the obligations of the Tenant under any lease granted pursuant to clause 11.1(a) (iii) and such guarantor and such Tenant enter into a direct covenant with the Landlord (in a form to be approved by the Landlord acting reasonably) to comply with the obligations of the tenant under such lease granted pursuant to clause 11.1(a)(iii)))
(b) Without prejudice to clause 11.1(a) and subject to clause 11.1(c) the Tenant may underlet the Demised Premises or a part of the Demised Premises if all of the relevant conditions set out in clause 11.2 are satisfied and none of the circumstances set out in clause 11.3 apply
(c) The conditions set out in clause 11.2 and the circumstances set out in clause 11.3 shall not apply in relation to the Tenant granting a lease of whole or substantially the whole of the Demised Premises to a s237 Assignee or a s237 Assignee (once Tenant or subtenant) granting a s237 Lease.
Underletting. Not to underlet or agree to underlet the whole of the Property or a Subletting Unit nor vary the terms of any underlease without the Landlord's written consent (not to be unreasonably withheld or delayed). Any permitted underletting must comply with the following:
(i) the rent payable under the underlease must be:
(a) not less than the rent reasonably obtainable in the open market for the Property or the Subletting Unit without fine or premium;
(b) payable no more than one quarter in advance;
(c) subject to upward only reviews at intervals no less frequent than the rent reviews under this lease;
(ii) the undertenant covenants with the Landlord and in the underlease:
(a) either:
(I) to observe and perform the Tenant's covenants in this lease (except for payment of the rents) during the term of the underlease or until released pursuant to the 1995 Act; or
(II) to observe and perform the Tenant's covenants in the underlease during the term of the underlease or until released pursuant to the 1995 Act
(b) not to underlet, share or part with possession or occupation of the whole or any part of the underlet premises, nor to assign or charge part only of the underlet premises;
(c) not to assign the whole of the underlet premises without the Landlord's prior written consent (which shall not be unreasonably withheld or delayed);
(iii) all rents and other payments due under this lease (not the subject of a bona fide dispute) are paid before completion of the underletting;
(iv) in relation to any Subletting Unit Sections 24 to 28 of the 1954 Act must be excluded and before completion of the underletting a certified copy of each of the following documents must be supplied to the Landlord:
(a) the notice served on the proposed undertenant pursuant to section 38A(3)(a) of the 1954 Act; and
(b) the declaration actually made by the proposed undertenant in compliance with the requirements of Schedule 2 of the 2003 Order; and
(c) the proposed form of underlease containing an agreement to exclude the provisions of sections 24 to 28 of the 1954 Act and a reference to both the notice pursuant to section 38A(3)(a) of the 1954 Act and the declaration pursuant to the requirements of Schedule 2 of the 2003 Order as referred to in this clause 4.13.3; and before completion of the underletting the Tenant must warrant to the Landlord that both the notice pursuant to section 38A(3)(a) of the 1954 Act has been served on the relevant persons as required by the 1954 Act and the appropriate...
Underletting. 6.1 The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.
Underletting. The Tenant shall not:
(a) underlet part of the Property; or
(b) underlet the whole of the Property without:
(i) complying with the provisions of sub-clauses (7) to (11); and
(ii) the prior consent of the Landlord, which shall not be unreasonably withheld.
Underletting. You must not underlet the Property or any part of it.
Underletting. (a) In this clause, “Permitted Underlease” means an underlease which;
Underletting. The Tenant may underlet the Premises or a part of the Premises if:
11.1.1 all of the conditions set out in clause 11.2 are satisfied;
11.1.2 none of the circumstances set out in clause 11.3 apply; and
11.1.3 it first obtains the prior written consent of the Landlord (which consent shall not be unreasonably withheld or delayed where the preceding provisions of this clause 11.1 have been complied with).
Underletting. Not to underlet any part or parts of the Demised Premises so as to permit more than four underlettings or five occupancies of the Demised Premises at any one time (the Tenant counting as one occupancy).
Underletting. (a) The Tenant may underlet the container-based workspace units within the Property in individual lettable units of no more than 35 sqm gross internal area each with no one undertenant occupying more than 2 units at any one time for the purpose of the Permitted Use on a tenancy at will basis. Undertenants should be engaged in a Qualifying Activity and have no more than 10 employees working in the units directly.
(b) Subject to paragraph 9.2(a)the Tenant must not underlet the whole or any part of the Property: