Will my brewery or landlord need to consent to any finance?
Short answer: when consent is needed and when it isn’t
Yes, in many pub and hospitality settings your landlord or brewery may need to give written consent before certain types of business finance are completed. Unsecured funding usually requires no consent, but asset finance, fit‑out finance, and any loan that takes security over your lease, fixtures, or premises often will. Checking your lease and any brewery tie at the outset can save weeks later and help you choose the right finance route first time.
At a glance: common consent scenarios
Landlord consent is typically needed for finance linked to fixtures and fittings, new equipment installed on site, or a legal charge over a lease. Brewery or pubco consent is often needed where you have a supply tie, rent support, or brewery‑owned dispense equipment on site. Unsecured cashflow loans and merchant cash advances rarely need consent, but lenders may still request basic confirmations.
Best Business Loans does not provide finance directly. We match established UK businesses with suitable providers and explain what documents you may be asked for so you can proceed efficiently and compliantly.
Understanding consent in the UK pub and hospitality context
Consent is about protecting third‑party rights when a lender’s security could affect a landlord or brewery. If finance creates rights over premises, fixtures, or equipment, expect consent to be part of the process. If the finance is purely unsecured, consent is unlikely to be needed.
Key entities and agreements to review first
Check your lease or licence for clauses on assignment, charging, alterations, or installing tenant’s fixtures. Review any brewery or pubco agreement for supply tie conditions, restrictions on borrowing, or steps needed before granting security. Identify any existing lender debentures or personal guarantees that could trigger a deed of priority.
In England and Wales, landlords have CRAR rights over goods; lenders commonly request a landlord waiver that limits CRAR over funded assets. In Scotland, funders may request a waiver of hypothec from the landlord for similar reasons.
Finance types and typical consent needs
- Unsecured term loan or working capital: usually no consent required.
- Merchant cash advance: usually no landlord or brewery consent, as security is card takings.
- Asset finance for equipment on site: landlord waiver and sometimes brewery consent often required.
- Fit‑out finance or refurbishment funding: landlord consent to alterations and to treat items as tenant’s fixtures is common.
- Secured loan over lease or business assets: landlord consent to charge and potential notices; deed of priority if others already have security.
Timeframes vary. Simple landlord waivers can take a few days. Consent to charge a lease may take longer and need legal input from all parties.
When and why a landlord’s consent is needed
Landlord consent is most often triggered when finance affects the premises or goods kept there. If a lender’s rights could intersect with a landlord’s rights, the lender will ask for written comfort to avoid disputes if you default.
Common landlord documents a lender may request
- Landlord waiver of CRAR or access agreement: confirms the landlord will not seize or prevent removal of funded assets and will allow lender access by appointment.
- Consent to install and treat as tenant’s fixtures: vital for items like cellar cooling, extraction, kitchen equipment, or AV systems.
- Consent to charge the lease or notice of security: required where a legal charge over a leasehold interest is taken.
- Deed of priority or postponement: sets ranking between landlord claims, existing lenders, and the new lender’s security.
What assets raise consent flags?
Items bolted or integrated into the building often straddle the line between chattel and fixture. Cellar chillers, beer dispense systems, fixed kitchen ranges, extraction canopies, built‑in furniture, and HVAC equipment are classic examples. Funders typically want assurance these remain tenant’s fixtures and can be removed on default.
By contrast, clearly moveable items like loose furniture, POS terminals, and back‑office PCs less often require landlord involvement. The lease language still matters, so provide it to your prospective lender early.
Tips to speed up landlord sign‑off
- Ask your agent or solicitor to identify the correct landlord contact for consents at the start.
- Provide drawings, specs, and method statements for any works with your request.
- Confirm reinstatement obligations and who pays the landlord’s reasonable legal fees.
- Propose reasonable access/notice terms for lender visits if enforcement is ever needed.
Lenders know pubs are time‑sensitive. Clear, complete information usually reduces back‑and‑forth and legal cost for everyone.
Brewery or pubco consent — ties, equipment, and priorities
If you operate a tied tenancy or lease from a brewery or pubco, you may have obligations that affect new finance. These can include restrictions on granting charges, or practical issues where the brewery owns or controls dispense equipment.
Where brewery consent is commonly required
- Dispense and cellar equipment: breweries may own or maintain these assets. A funder does not want to claim rights over equipment it does not own.
- Supply tie covenants: some tied agreements limit granting security without prior written consent.
- Support packages or rent concessions: additional conditions might apply that require brewery sign‑off before encumbering assets.
In some cases, the brewery already has a form of security or retention of title over stock or equipment. A new lender might seek a deed of priority to clarify ranking if both claim an interest in the same categories of assets.
Unsecured funding and brewery involvement
Unsecured loans that do not interfere with tied supply or brewery property usually proceed without brewery consent. Merchant cash advance arrangements linked to card takings fall in this category in most cases.
However, even when consent is not strictly required, lenders may ask you to confirm that your finance does not breach your tie. A short letter or clause in the agreement can cover this point.
Practical steps if your pub is brewery‑tied
- Share your tie agreement and any equipment schedules with the prospective lender early.
- Identify who owns which items in the cellar to avoid funding equipment you do not own.
- Ask your brewery or pubco for their standard form of consent or waiver if they have one.
- If timing is tight, prioritise unsecured options that do not need third‑party approvals.
Checklist: information lenders may ask for
- Copy of the lease/licence and any side letters.
- Evidence of rent payments and landlord contact details.
- Tie agreement and any equipment ownership lists.
- Specifications for new kit to be funded (make, model, installation method).
- Insurance schedule naming the owner/lessor of funded assets.
Having these ready can shave days off the approval timeline and reduce legal queries.
How to secure consent and keep your finance on track
Plan the consent path alongside your funding application. The lender’s underwriter and your landlord or brewery will move faster when you supply complete, consistent details from the outset.
Step‑by‑step approach that works
- Scope the project: define what you need to fund, where it will be installed, and whether it alters the premises.
- Read your agreements: check your lease and tie for clauses on consent, charging, and alterations.
- Choose the right product: if consent could be complex, consider unsecured options first to keep momentum.
- Ask for templates: request the lender’s standard landlord waiver or consent wording early.
- Engage counterparties: send a complete pack to the landlord or brewery with a realistic return date.
- Track and chase politely: agree a single contact on each side and diarise follow‑ups.
What if consent is refused or delayed?
- Re‑scope the asset list to fund only moveable kit that avoids consent.
- Switch to an unsecured loan or cashflow facility to bridge the need.
- Offer additional comfort: clearer reinstatement wording or enhanced insurance evidence.
- Take legal advice on whether consent is being unreasonably withheld under your lease.
Most landlords and breweries understand that sensible investment improves trade and rentability. Clear proposals, sensible access provisions, and reinstatement commitments usually unlock cooperation.
Time and cost expectations
Simple landlord waivers can be turned in 3–10 working days if contacts are responsive. Consents to charge a lease and multi‑party deeds of priority may take 2–6 weeks depending on legal capacity and negotiations.
Landlords and breweries often recover reasonable legal fees for granting consent. Factor this into your budget so the finance still delivers the returns you expect.
If you run a tenanted or managed house and want a broader look at pub funding routes, see our guidance on pubs business loans.
FAQs, next steps, and compliance notes
Below are concise answers to questions we are frequently asked by pub operators about landlord and brewery consent. These reflect common UK practice, but always check your specific contracts and seek professional advice where needed.
Do I need consent for a simple working capital loan?
Usually not, because no security is being taken over premises or fixtures. Lenders may still run basic checks or ask you to confirm that the loan does not breach your lease or tie. If the facility later becomes secured, consent may then be needed.
Will I need consent for fit‑out or refurbishment finance?
Typically yes, because the funding relates to alterations and items fixed to the building. Expect landlord consent to works, confirmation of tenant’s fixtures status, and a landlord waiver or access letter. Your installer’s method statement and reinstatement plan help approvals.
What about equipment finance for cellar cooling or extraction?
Consent is commonly required, especially if the equipment is bolted in or integrated. If the brewery owns or maintains dispense kit, their consent may also be required. Funders usually ask for proof of ownership and a waiver limiting landlord enforcement over those assets.
Do I need consent for a merchant cash advance?
Normally no, because the funder’s security is over future card takings rather than premises or fixtures. Always ensure the arrangement does not conflict with your EPOS or acquirer contracts.
What if my landlord or brewery refuses consent?
Ask for reasons in writing and explore adjustments that address their concerns. You can seek alternatives such as unsecured loans or a revised asset list focusing on moveable items. Where refusal appears unreasonable under your lease, take legal advice.
How Best Business Loans helps
We map your funding need to providers that understand pubs and hospitality, including those used to working with landlord waivers and brewery ties. You get clearer expectations on documents and timelines before you spend time on the wrong route. Our service is free to use and there is no obligation to proceed.
Next step: complete a quick, no‑obligation eligibility check and we will introduce you to suitable lenders or brokers who can assist with the required consents and documentation.
Get your free Quick Quote now and tell us briefly about your premises, lease or tie, and what you are looking to fund.
Important compliance information
Best Business Loans is an independent introducer, not a lender. We do not provide financial advice and we do not guarantee funding or the lowest rate. Any finance is subject to status, affordability, and the provider’s criteria; additional security or guarantees may be required.
Our content is designed to be clear, fair, and not misleading. It is for UK business purposes only and general information. Always read your agreements and obtain professional advice before committing to finance.
Updated October 2025. Information may change and products may be withdrawn without notice.
Key takeaways
- Unsecured loans and merchant cash advances usually proceed without landlord or brewery consent.
- Asset, fit‑out, and secured loans commonly require landlord waivers, consent to works, or consent to charge.
- Tied pubs may also need brewery consent, especially where brewery equipment or supply ties are affected.
- Start consent work early, share full documents, and budget for counterparties’ reasonable legal fees.
- If consent is problematic, consider unsecured options or refocus funding on moveable items.
Business finance made simple. Share your situation once and we will connect you with providers experienced in hospitality consents and waivers.