The wording of a use clause in a lease can have a significant impact on the rights of landlords and tenants in the event of an assignment or sublease. If the use of a proposed assignee or subtenant is different from the use prescribed in the lease, landlords may be within their rights to refuse consent. Broadly worded use clauses will doubtlessly be advantageous to tenants. However, landlords may find themselves in breach of exclusive use clauses or other obligations to other tenants. Landlords also have an interest in creating workable tenant mixes that are intended to benefit not only their shopping centres and other commercial developments but also to create synergies and opportunities for tenants as well. As we wrap up our series on Letting Go, we look at use clauses in the context of assignment and subleasing. Along with the many other considerations, the use clause should be considered in this context to provide some flexibility if a tenant needs to assign or sublet to address its business issues. During initial negotiations, draft a use clause that reflects a tenant’s need for future flexibility and the landlord’s interests and obligations. Your thoughts?