An Agreement for Lease conditional on Change of Use Consent means the lease will only proceed if the landlord or tenant obtains planning permission allowing a new or different use of the property.

Until the consent is granted, neither party is fully bound to complete the lease, and if permission is refused, the agreement often falls away without further obligations.

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If consent is refused (and no appeal is successful), the Agreement for Lease usually terminates automatically, and neither the landlord nor tenant is obliged to proceed with the lease.

Typically, the agreement specifies whether the landlord or the tenant must apply, although often the tenant takes responsibility, sometimes with the landlord’s reasonable cooperation.

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