Q&As

A tenant carries out works without landlord’s consent and then purports to assign the lease (also without consent). The landlord had said that a retrospective licence to assign could be granted if the works were removed and the tenant entered into an authorised guarantee agreement. However, the landlord is no longer prepared to consent to the assignment because of the tenant’s delay in executing the documents and carrying out the works. Is it reasonable for the landlord to withhold its consent?

read titleRead full title

Published by a ÑÇÖÞÉ«ÇéÍø Property expert
Published on: 29 January 2018
imgtext

There does not appear to be any guidance or case law on this specific scenario. Section 1(3) of the Landlord and Tenant Act 1988 makes it clear that where landlord's consent is required for an assignment, the landlord must give that consent except where it is reasonable to withhold it. This applies even where the covenant does not expressly provide that a landlord is not unreasonably to withhold consent. Section 19(1)(a) of the Landlord and Tenant Act 1927 imports that requirement into any covenant that requires landlord’s consent for alienation, and applies ‘notwithstanding any express provision to the contrary’.

Consent must

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Tenant definition
What does Tenant mean?

A person to whom a lease is granted.

Read more readmore

Popular documents

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an

Glossary—Latin legal terms

Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of