Draft or review a landlord consent deed with the lease context in mind

A lease may say that landlord consent is required, but it often does not record the full arrangement once an assignment or sublease is actually happening. The deed is where the parties usually document the approval, any conditions attached to it, and who remains responsible for what after the change. That can be important where there are questions about ongoing tenant liability, rent arrears, bonds, promise, insurance or repair obligations. If those points are left vague, the parties can end up relying on assumptions that do not match the lease wording.

The deed commonly identifies the lease, the parties involved, the transaction being approved and the date the change takes effect. It may also deal with whether the outgoing tenant remains liable, whether the landlord imposes conditions before consent takes effect, and whether any related documents such as promise or bond arrangements need updating. In some matters, the deed also addresses rent, outgoings, permitted use, fit-out obligations or compliance with existing lease terms. The exact content depends on whether the arrangement is an assignment, a sublease or another occupancy change.

The legal position usually depends on the current lease wording and the commercial arrangement the parties have actually agreed. Relevant details include whether the lease permits assignment or subletting, what consent conditions already appear in the lease, whether there is an existing guarantor, and whether the outgoing tenant is expected to stay on the hook after the transfer. It also matters whether rent, term, use of the premises or occupancy arrangements are changing at the same time. Those details shape whether a short deed is enough or whether more careful drafting is needed.

A template can be risky if it assumes a simple consent where the lease or transaction is more complicated. For example, a generic form may not deal properly with continuing liability, side arrangements between tenant and subtenant, or conditions the landlord wants satisfied before consent takes effect. It may also fail to line up with the actual lease terms, which can create inconsistencies later. Legal drafting or review is useful where you want the deed to match the lease, the parties' roles and the practical arrangement, rather than relying on a broad precedent.

Timing depends on how settled the commercial terms already are and whether we are drafting from scratch or reviewing a deed prepared by someone else. If the lease, proposed transaction and party details are clear, the work is usually more straightforward. Where there are unresolved issues about consent conditions, promise or continuing obligations, extra back-and-forth may be needed before the deed is finalised. Once engaged, we review the relevant documents and prepare or comment on the deed. Ongoing negotiations or post-completion representation are outside the fixed-fee unless we include it in your quote.

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Then your legal consultant will send through an email with a bit more information about the services you need, along with a fixed fee quote setting out costs, scope of the service and timing. Have a read through it, and if you're happy with the scope, you can accept and sign our engagement letter online - easy!

Once you've formally accepted, we'll connect you with a specialist lawyer and they will work with you to complete your project. They will contact you by email or phone if they need to get in touch.

Sprintlaw works on fixed-fee pricing wherever possible, so you can review the scope and cost before you decide whether to proceed. For the Landlord Consent Deed service, pricing starts from $900.00.

After you enquire, a legal consultant will confirm what is included, the expected timing and whether any extra work is needed before you engage us.

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Our legal team have all trained at leading firms, but have left the traditional corporate law world to join us on our mission to create a new and better way of delivering legal services. They have specialist expertise in technology law, intellectual property law, contract drafting and review, corporate law and commercial law.