Underlettings Clause Samples
The UNDERLETTINGS clause defines the conditions under which a tenant may sublease all or part of the leased premises to another party. Typically, this clause outlines requirements such as obtaining the landlord's prior written consent, ensuring the subtenant meets certain standards, and maintaining the original tenant's obligations under the lease. Its core practical function is to regulate and control the transfer of occupancy rights, protecting the landlord's interests while providing flexibility for the tenant to manage their space needs.
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Underlettings. The Tenant will not underlet part of the Property.
Underlettings. 15.1 The Tenant shall not underlet any Permitted Part except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
15.2 The Tenant shall not underlet the whole of the Property.
15.3 The Tenant shall not underlet any Permitted Part:
(a) together with any property or any right over property that is not included within this lease;
(b) at a fine or premium or reverse premium; nor
(c) allowing any rent free period to the undertenant.
15.4 The Tenant shall not underlet any Permitted Part unless, before the underlease is granted, the Tenant has given the Landlord:
(a) a certified copy of the notice served on the undertenant, as required by section 38A(3)(a) of the LTA 1954, applying to the tenancy to be created by the underlease; and
(b) a certified copy of the declaration or statutory declaration made by the undertenant in accordance with the requirements of section 38A(3)(b) of the LTA 1954.
15.5 Any underletting by the Tenant shall be by deed and shall include:
(a) an agreement between the Tenant and the undertenant that the provisions of sections 24 to 28 of the LTA 1954 are excluded from applying to the tenancy created by the underlease;
(b) a covenant by the undertenant, enforceable by and expressed to be enforceable by the Landlord (as superior landlord at the date of grant) and its successors in title in their own right, to observe and perform the tenant covenants in the underlease and any document that is supplemental or collateral to it and the tenant covenants in this lease, except the covenants to pay the rents reserved by this lease; and
(c) provisions requiring the consent of the Landlord to be obtained in respect of any matter for which the consent of the Landlord is required under this lease; and
(d) a covenant by the undertenant to comply with the terms of the Community Use and Management Agreement so far as they are relevant to the Permitted Part, and shall otherwise be consistent with and include tenant covenants no less onerous than those in this lease and in a form approved by the Landlord, such approval not to be unreasonably withheld.
15.6 In relation to any underlease granted by the Tenant, the Tenant shall:
(a) not vary the terms of the underlease nor accept a surrender of the underlease without the consent of the Landlord, such consent not to be unreasonably withheld;and
(b) enforce the tenant covenants in the underlease and not waive any of them.
Underlettings. The Tenant shall not underlet the whole or any part of the Property or share or part with occupation or possession of the whole or any part of the Property.
Underlettings. 19.1 The Tenant shall not underlet the. whole or any part of the Property.
Underlettings. 19.1 The Tenant shall not underlet the whole or any part of the Property
Underlettings. Save as set out at Clause 11.13 the Tenant shall not underlet a part (as distinct from the whole) of the Premises.
Underlettings. 13.3.1 The Tenant shall not underlet or agree to underlet any part of the Premises (as opposed to the whole) other than a Permitted Part.
13.3.2 The Tenant may underlet a Permitted Part, provided any such underlease is in accordance with the remainder of clause 13.3 and with clause 13.4.
13.3.3 The Tenant shall not underlet the whole of the Premises, except in accordance with the remainder of clause 13.3 and with clause 13.4 and then only with the consent of the Landlord, such consent not to be unreasonably withheld or delayed.
13.3.4 The Tenant shall not underlet the Premises or a Permitted Part without first obtaining from the undertenant a covenant by the undertenant with the Landlord to comply with the obligations on the undertenant in the underlease (and any document which is supplemental or collateral to the underlease) throughout the term of the underlease or until the undertenant is released by virtue of the Landlord and Tenant (Covenants) A▇▇ ▇▇▇▇, if sooner.
13.3.5 Any underlease shall be granted at a rent which is not less than the then full open market rental value of the Premises or in respect of an underletting of a Permitted Part the then full open market rental value of that part (but this will not prevent an underlease providing for a rent-free period of a length as is then usual in the open market in respect of such a letting), and without a fine or premium and with the underlease rent payable not more than one quarter in advance.
13.3.6 The Tenant shall not grant an underlease unless:
(a) before the earlier of the undertenant entering into the underlease and the undertenant becoming contractually bound to do so, the Tenant has served a notice on the undertenant and the undertenant (or a person duly authorised by the undertenant) has made a statutory declaration, such notice and statutory declaration to relate to the tenancy to be created by the underlease and to comply with section 38A of the Landlord and T▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and the relevant schedules of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003; and
(b) the Tenant has supplied the Landlord with a certified copy of the notice and statutory declaration referred to in clause (a).
13.3.7 The Tenant shall not grant any underlease for a term which will expire by effluxion of time later than three clear days before the date the contractual term granted by this Lease will expire by effluxion of time.
13.3.8 The Tenant shall not enter into any collateral deed nor give...
Underlettings. 19.1 The Tenant shall not underlet the whole nor any part of the Property except in accordance with this clause nor without the consent of the Landlord, such consent not to be unreasonably withheld.
19.2 The Tenant shall not underlet part only of the Property.
19.3 The Tenant shall not underlet the Property:
(a) together with any property or any right over property that is not included within this lease; at a fine or premium or reverse premium; nor
Underlettings. The Tenant shall not underlet the whole or any part of the Property or share or part with occupation or possession of the whole or any part of the Property. The Tenant shall not hold the Property on trust for another.