Homebase Ltd and Another v Allied Dunbar Assurance Plc: CA 17 May 2002

The tenant held land under a lease restricting the terms of any underletting. It wanted to sublet part, but could find no tenant who would take the terms. It sought to let the property in a sub-lease which complied formally with the head-lease but was accompanied by a side letter giving better terms personal to the tenant. The landlord objected. The tenant claimed damages fro failing to give consent, and now appealed an order dismissing its claim for damages.
Held: The landlord was within its rights to refuse the consent. The two documents had to be read together (AGG Securities). When this was done, the proposed underlease did not met the requirements. The fact that the arrangement was personal to this tenant made no difference. The rights of the tenant to a new underlease created risks for the landlord which he was entitled to take into account.
Lords Justice Simon Brown, Chadwick and Hale
Gazette 13-Jun-2002, [2002] EWCA Civ 666, [2002] 27 EG 144, [2003] 1 P and CR 75
Landlord and Tenant Act 1988
England and Wales
CitedA G Securities v Vaughan; Antoniades v Villiers and Bridger HL 10-Nov-1988
In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to . .

These lists may be incomplete.
Updated: 26 February 2021; Ref: scu.172229