In considering a refusal of consent to a sub-letting, two considerations in addition to those already esatblished in law applied: ‘(1) It will normally be reasonable for a landlord to refuse consent or impose a condition if this is necessary to prevent his contractual rights under the [lease] from being prejudiced by the proposed assignment or sublease. (2) It will not normally be reasonable for a landlord to seek to impose a condition which is designed to increase or enhance the rights that he enjoys under the [lease].’
Judges:
Phillips LJ, Mummery LJ
Citations:
[1996] EWCA Civ 673, [1996] EG 153, [1996] 74 P and CR 306
Links:
Statutes:
Jurisdiction:
England and Wales
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 . .
Cited – Landlord Protect Ltd v St Anselm Development Company Ltd CA 20-Feb-2009
Guarantee beyond term was unreasonable
The tenant objected that the landlord’s conditional consent to an assignment was unreasonable. The purchaser was a dormant company which had never traded. The clause referred to ‘a respectable and responsible assignee or sub-tenant’. The tenant had . .
Cited – No1 West India Quay (Residential) Ltd v East Tower Apartments Ltd ChD 6-Oct-2016
Consent to assignment – delay
Tenants under long residential leases challenged the refusal of the landlord to consent to particular assignments of apartments. The leases contained provisions saying that such consent was not to be unreasonably withheld. The landlord now appealed . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 31 October 2022; Ref: scu.140540
