Air India v Balabel
Air India v Balabel
- 1993
- Estates Gazette (1993) 30 EG 90-94(5) .
CA 1 April 1993. By an underlease the respondents (A) let the premises to a company for a period of 20 years. The tenant covenanted not to assign the lease without the landlords consent, which would not be unreasonably withheld. Following an administration order on the tenant, A refused an application by the administrator to assign the underlease to the appellant (B) based on their knowledge of B as an unreliable tenant. The administrators ignored this refusal and assigned the lease to B. A served a notice under Law of Property Act 1925 s146 alleging breach of covenant against the assignment without consent. A issued proceedings claiming possession, rent and mesne profits. B counterclaimed alleging that consent to assign had been unreasonably withheld. Judgement was given to A. B appealed contending that Landlord and Tenant Act 1988 had altered the law requiring the landlord to justify its reasons for withholding consent. The appeal was dismissed on the grounds that the Act did not n
ASSIGNMENT OF LEASES
ASSIGNMENT WITHOUT CONSENT
BUSINESS TENANCIES
LANDLORD AND TENANT ACT 1988
LAW OF PROPERTY ACT 1925 S146
CA 1 April 1993. By an underlease the respondents (A) let the premises to a company for a period of 20 years. The tenant covenanted not to assign the lease without the landlords consent, which would not be unreasonably withheld. Following an administration order on the tenant, A refused an application by the administrator to assign the underlease to the appellant (B) based on their knowledge of B as an unreliable tenant. The administrators ignored this refusal and assigned the lease to B. A served a notice under Law of Property Act 1925 s146 alleging breach of covenant against the assignment without consent. A issued proceedings claiming possession, rent and mesne profits. B counterclaimed alleging that consent to assign had been unreasonably withheld. Judgement was given to A. B appealed contending that Landlord and Tenant Act 1988 had altered the law requiring the landlord to justify its reasons for withholding consent. The appeal was dismissed on the grounds that the Act did not n
ASSIGNMENT OF LEASES
ASSIGNMENT WITHOUT CONSENT
BUSINESS TENANCIES
LANDLORD AND TENANT ACT 1988
LAW OF PROPERTY ACT 1925 S146