Q&As

Can a lease (and licence to underlet granted pursuant to it) contain a covenant imposing an obligation on the new tenant to sub-let part of the property to a specific individual (currently a licensee of part of the premises), and what can be done to protect the licencee to ensure the tenant does grant it the sub-lease?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 09 December 2020
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A lease is a contract made between landlord and tenant, supplemented by various statutory provisions which imply terms or prevent the parties from entering into certain terms. In the circumstances, unless prohibited by law, the landlord and the tenant are free to enter into whatever terms and conditions as part of the lease as they wish.

Where a landlord wishes to demise premises to a tenant, the lease regulates their respective rights and obligations. The demise of premises gives to the tenant exclusive possession of them for the term of the lease (or any further

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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United Kingdom
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