Common use of Right to underlet Clause in Contracts

Right to underlet. [Subject to paragraph 2.2, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting to a charity will require a prescribed statement under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If the Tenant will have an option to renew this Lease, refer to the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to the new clause here.

Right to underlet. [Subject to paragraph 2.2, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting to a charity will require a prescribed statement under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If the Tenant will have an option to renew this Lease, refer to the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to the new clause here.

Right to underlet. [Subject to paragraph 2.2, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by This Schedule uses the Landlord acting by ) [a director and its secretary] or by [two directors]following definitions: ) Executed as a deed “Annual Turnover Certificate” the certificate to be provided by the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting to a charity will require a prescribed statement under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If the Tenant will have an option to renew this Lease, refer to the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to the new clause here.in accordance with paragraph 4.1;

Right to underlet. [Subject to paragraph 2.22.3, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. If the Landlord requires, the Landlord’s consent may be conditional on the Approved Undertenant providing a guarantor (approved by the Landlord) to guarantee to the Landlord the Approved Undertenant’s compliance with its obligations in the Approved Underlease [in substantially the terms set out in clause 7][in a form that the Landlord requires]. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting to a charity will require a prescribed statement under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If the Tenant will have an option to renew this Lease, refer to the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to the new clause here.

Right to underlet. [Subject to paragraph 2.2, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by [Note: This Schedule should only be used where the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by proposed use of the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting Premises gives rise to a charity will require a prescribed statement substantial risk of pollution or contamination of the Premises or adjoining premises.] This Schedule 9 uses the following defined terms: “1990 Act” the Environmental Protection Act 1990; “Contamination” all or any of the following arising from Tenant’s use of the Premises: the presence in, on, under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If or over the Tenant will have an option to renew this LeasePremises or the Estate of any Hazardous Material or Waste; and the migration or other escape of any such Hazardous Materials or Waste from the Premises or the Estate; “Environment” air, refer to including without limitation the Model Commercial Lease: Option to Renew clause (MCLair within buildings and within other natural or man-LEASECLAUSE-06) made structures, water and include a crossland and any living organisms or eco-reference to the new clause here.systems supported by them;

Right to underlet. [Subject to paragraph 2.22.3, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. If the Landlord requires, the Landlord’s consent may be conditional on the Approved Undertenant providing a guarantor (approved by the Landlord) to guarantee to the Landlord the Approved Undertenant’s compliance with its obligations in the Approved Underlease [in substantially the terms set out in clause 7][in a form that the Landlord requires]. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note The Land Registry will automatically carry over easements that a letting benefit the landlord’s title to a charity will require a prescribed statement under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993)the tenant’s new leasehold title. 2 If the Tenant will have an option tenant is not to renew benefit from easements that benefit the freehold, this Lease, refer to must be specified in LR4 so that the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to specified easements do not benefit the tenant’s new clause hereleasehold title.

Right to underlet. [Subject to paragraph 2.22.3, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. If the Landlord requires, the Landlord’s consent may be conditional on the Approved Undertenant providing a guarantor (approved by the Landlord) to guarantee to the Landlord the Approved Undertenant’s compliance with its obligations in the Approved Underlease [in substantially the terms set out in clause 7][in a form that the Landlord requires]. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by This Schedule uses the Landlord acting by ) [a director and its secretary] or by [two directors]following definitions: ) Executed as a deed “Annual Turnover Certificate” the certificate to be provided by the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting to a charity will require a prescribed statement under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If the Tenant will have an option to renew this Lease, refer to the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to the new clause here.in accordance with paragraph 4.1;

Right to underlet. [Subject to paragraph 2.22.3, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. If the Landlord requires, the Landlord’s consent may be conditional on the Approved Undertenant providing a guarantor (approved by the Landlord) to guarantee to the Landlord the Approved Undertenant’s compliance with its obligations in the Approved Underlease [in substantially the terms set out in clause 7][in a form that the Landlord requires]. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by [Note: This Schedule should only be used where the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by proposed use of the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting Premises gives rise to a charity will require a prescribed statement substantial risk of pollution or contamination of the Premises or adjoining premises.] This Schedule 9 uses the following defined terms: “1990 Act” the Environmental Protection Act 1990; “Contamination” all or any of the following arising from Tenant’s use of the Premises: the presence in, on, under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If or over the Tenant will have an option to renew this LeasePremises or the Estate of any Hazardous Material or Waste; and the migration or other escape of any such Hazardous Materials or Waste from the Premises or the Estate; “Environment” air, refer to including without limitation the Model Commercial Lease: Option to Renew clause (MCLair within buildings and within other natural or man-LEASECLAUSE-06) made structures, water and include a crossland and any living organisms or eco-reference to the new clause here.systems supported by them;

Right to underlet. [Subject to paragraph 2.2, the][The] Tenant may, with the Landlord’s consent, underlet the whole of the Premises [or the whole of a Permitted Part] by an Approved Underlease to an Approved Undertenant. [The grant of an Underlease [or a Sub-Underlease] must not result in the Premises being divided into more than [NUMBER] self-contained units of occupation, taking into account any existing Underleases [or Sub-Underleases].] The Tenant must not waive any material breach by an Undertenant of any terms of its Underlease [or by a Sub-Undertenant of any terms of its Sub-Underlease]. The Tenant must not reduce, defer, accelerate or commute any rent payable under any Underlease. On any review of the rent payable under any Underlease, the Tenant must: review the rent payable under the Underlease in compliance with its terms; not agree the reviewed rent (or the appointment of any third party to decide it) without the Landlord’s approval; include in the Tenant’s representations to any third party any representations that the Landlord may require; and notify the Landlord what the reviewed rent is within two weeks of its agreement or resolution by a third party. The Tenant must not vary the terms or accept any surrender of any Underlease without the Landlord’s approval. Executed as a deed by [Note: This Schedule should only be used where the Landlord acting by ) [a director and its secretary] or by [two directors]: ) Executed as a deed by proposed use of the Tenant acting by ) [a director and its secretary] or by [two directors]: ) [Executed as a deed by the Guarantor acting by ) [a director and its secretary] or by [two directors]: ) 1 Note that a letting Premises gives rise to a charity will require a prescribed statement substantial risk of pollution or contamination of the Premises or adjoining premises.] This Schedule 8 uses the following defined terms: “1990 Act” the Environmental Protection Xxx 0000; “Contamination” all or any of the following arising from Tenant’s use of the Premises: the presence in, on, under section 122 Charities Act 2011 (formerly section 37 Charities Act 1993). 2 If or over the Tenant will have an option to renew this Lease, refer to Premises of any Hazardous Material or Waste; and the Model Commercial Lease: Option to Renew clause (MCL-LEASECLAUSE-06) and include a cross-reference to migration or other escape of any such Hazardous Materials or Waste from the new clause here.Premises;