The court considered the reasonableness of the withholding of consent under the Act: ‘the landlords have unconditionally withheld their consent and made no condition as to payment of any compensation in respect of damage to or diminution in the value of the premises. Having so failed, they have abstained from claiming the benefit of sub-s. 2, which expressly preserves this right to them, nor in my view can they now be heard to say, as evidence of reasonableness, that the premises have suffered damage or any diminution in value and the tenant has not offered to compensate them. Prima facie, the proviso says that they shall not unreasonably withhold their licence or consent, but gives to them expressly a right to claim the payment of a reasonable sum in respect of damage or diminution in value. This they have not claimed; and I think therefore that they must seek for some other grounds of reasonableness for their refusal than those of damage or diminution in value to meet the case of the tenant against them.’
Judges:
Slesser LJ, McKinnon L.J
Citations:
[1938] Ch 883
Statutes:
Landlord and Tenant Act 1927 19(2)
Jurisdiction:
England and Wales
Citing:
Cited – Houlder Brothers and Co Ltd v Gibbs CA 1925
The landlord owned two adjoining commercial properties. The tenant of one proposed to assign the lease to the tenant of the adjoining property. The landlord refused consent on the ground that if the assignment went ahead, it was likely that the . .
Cited by:
Cited – Sargeant, and Sargeant v Macepark (Whittlebury) Limited ChD 8-Jun-2004
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected.
Held: The landlord was entitled when granting consent to take into . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 16 May 2022; Ref: scu.199279
