Mount Eden Land Ltd v Straudley Investments Ltd
Mount Eden Land Ltd v Straudley Investments Ltd
- 1997
- Property, planning & compensation reports [1997] 74 P&CR 306-311(6) .
CA 7 October 1996. Appellant landlord`s consent sought by respondent for assignment of sublease. Landlord would only give permission on condition that the subtenant`s deposit be held jointly by itself and the respondent. The respondent refused and the sublease did not go ahead. Respondent sought declaration that appellant had unreasonably withheld consent. CC found in favour of respondent. The appellant appealed, contending that the condition would mean early warning of any default by the subtenant, thus enabling them to police the respondent`s obligations under the headlease. Appeal dismissed.
CONSENT
DEPOSIT
HEADLEASE
LANDLORD AND TENANT ACT 1988
SUBLEASE
CA 7 October 1996. Appellant landlord`s consent sought by respondent for assignment of sublease. Landlord would only give permission on condition that the subtenant`s deposit be held jointly by itself and the respondent. The respondent refused and the sublease did not go ahead. Respondent sought declaration that appellant had unreasonably withheld consent. CC found in favour of respondent. The appellant appealed, contending that the condition would mean early warning of any default by the subtenant, thus enabling them to police the respondent`s obligations under the headlease. Appeal dismissed.
CONSENT
DEPOSIT
HEADLEASE
LANDLORD AND TENANT ACT 1988
SUBLEASE