Ashworth Frazer Ltd v Gloucester City Council: ChD 1 Apr 1999

It might be correct for a landlord to refuse consent to assignment where its objection to the proposed user was that it was generally undesirable, and there need be shown no necessary implication that the use would not be allowed by the lease.


Times 01-Apr-1999


See AlsoAshworth Frazer Ltd v Gloucester City Council CA 20-Jan-1997
. .

Cited by:

Appeal fromAshworth Frazer Ltd v Gloucester City Council CA 3-Feb-2000
A landlord could not refuse to consent to an assignment because of a belief, even if reasonably based, that the intended use by the prospective assignee would be a breach of covenant under the lease. That did not mean that a landlord could not after . .
At First InstanceAshworth Frazer Limited v Gloucester City Council HL 8-Nov-2001
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 May 2022; Ref: scu.77902