Licence to assign
Licence to assign
- 1997
- Estates Gazette Case Summaries [1997] EGCS 175 (20/12/1997) .
"Straudley Investments Ltd v Mount Eden Land Ltd" ChD 8 December 1997. Plaintiffs held 125-year full-repairing lease granted in 1991. In 1994 the landlord sought surrender of the lease. An inspection of the property revealed no serious defects. The tenant refused an offer of £1.55m to surrender the lease. The defendant landlord ordered a reinspection of the property on the same day the tenants agreed to sell the lease to a third party for £1.7m. The plaintiff applied for licence to assign the lease. The agents ignored the application and served notice under Law of Property Act 1925 s146 conforming with the Leasehold Property (Repairs) Act 1938. The notice alleged unauthorised alterations and failure to decorate. The plaintiffs issued proceedings for a declaration that consent to proposed assignment had been unreasonably withheld. Held, judgment for the plaintiffs.
ASSIGNMENT
REPAIRING COVENANT
REPAIRING LEASE
SCHEDULE OF DILAPIDATIONS
STRAUDLEY INVESTMENTS LTD V MOUNT EDEN LAND LTD
"Straudley Investments Ltd v Mount Eden Land Ltd" ChD 8 December 1997. Plaintiffs held 125-year full-repairing lease granted in 1991. In 1994 the landlord sought surrender of the lease. An inspection of the property revealed no serious defects. The tenant refused an offer of £1.55m to surrender the lease. The defendant landlord ordered a reinspection of the property on the same day the tenants agreed to sell the lease to a third party for £1.7m. The plaintiff applied for licence to assign the lease. The agents ignored the application and served notice under Law of Property Act 1925 s146 conforming with the Leasehold Property (Repairs) Act 1938. The notice alleged unauthorised alterations and failure to decorate. The plaintiffs issued proceedings for a declaration that consent to proposed assignment had been unreasonably withheld. Held, judgment for the plaintiffs.
ASSIGNMENT
REPAIRING COVENANT
REPAIRING LEASE
SCHEDULE OF DILAPIDATIONS
STRAUDLEY INVESTMENTS LTD V MOUNT EDEN LAND LTD