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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7673
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am a Freeholder and the tenant is selling the flat. the

Customer Question

I am a Freeholder and the tenant is selling the flat.
the prospective buyer's solicitor is asking

"Please confirm that a Licence to Assign or other form of written consent as required under the Lease, has been given by the Landlord and provide a copy."

What is the meaning of this question?

Why was this question asked?
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The “assignment” is another way of referring to the sale of the leasehold interest by the current tenant to the buyer.

This relates to a possible clause in the lease. Some leases have an alienation or assignment clause, which prevents the tenant from assigning (ie. selling the lease) without the consent of the freeholder.

It is the responsibility of the seller’s solicitor to approach you as freeholder for consent to the assignment of the lease, if it is required. The consent that you would give is called a licence to assign, which essentially recite the particulars of the lease and the sale and specifically states that you give consent to the assignment.

You should ask the buyer’s solicitor to refer you to the part of the lease which means that your consent is required and then instruct a solicitor to draft the licence to assign. In all probability the lease will also state that the current tenant should pay your reasonable fees for this (including legal fees) so you should get confirmation of the solicitors fees to draft it first and then ask for an undertaking from the current tenant’s solicitor to pay those fees.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,