The landlords carried on business as men’s outfitters. They also owned the shop next door which had been let as a cafe. The tenant applied for consent to assign the lease to another men’s outfitter, and the landlord refused on the ground that the proposed assignee would be a direct competitor.
Held: The landlord’s fear of an adverse effect on their trade was one that could reasonably be held: ‘Once it was accepted, as now it must be, that a landlord was entitled to take into account his own interests as well as his interests as a landlord, that was really an end of the matter. It was sufficient that the landlord could reasonably anticipate that the opening of the new shop would prejudice his trade.’
Judges:
Pennycuick V-C
Citations:
[1974] EGD 324
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 – 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 – Sportoffer Ltd v Erewash Borough Council ChD 17-Mar-1999
The landlords were the local authority, and operated a municipal leisure centre. The tenants were the tenants of a squash club and applied for consent to a change of use to use as a leisure centre. The landlords objected on the ground that the . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 04 May 2022; Ref: scu.199280