The tenant sought declarations that the landlord had unreasonably withheld its consent to merger of two leases, and works of alteration. The leases related to a building development. The landlord sought a premium for the consent. There is no statutory provision applying to the consents required in this case. It is established that the landlord should not use the withholding of consent to achieve a collateral advantage. The landlord established a commercial detriment from the proposed development, and accordingly the declaration was refused.
[2001] NIEHC 64
Bailii
Conveyancing Act and the Property Act 1892, Business Tenancies (Northern Ireland) Order 1996
Northern Ireland
Updated: 18 September 2021; Ref: scu.166463