Footwear Corporation Ltd v Amplight Properties Ltd
Footwear Corporation Ltd v Amplight Properties Ltd
- 1998
- Estates Gazette (1998) 25 EG 171-177(7) .
ChD 23 March 1998. F held a lease of business premises which included a provision not to underlet without the prior consent of the landlord., such consent not to be unreasonably withheld or delayed. In November 1997 F wrote to A requesting consent to sublet and, enclosed accounts for the proposed assignee. A advised F by telephone later that month that consent would not be forthcoming and following a period of `without prejudice` discussions continued to withhold consent. F commenced proceedings to obtain a declaration of unreasonably withholding of landlord`s licence to underlet. "Held" if a landlord does not provide his reasons for refusing consent in writing within a reasonable time then he cannot rely on those reasons in court for justifying his withholding of consent. A failed to reply to the request to underlet within a reasonable time in writing. F was granted the delaration.
CONSENT TO SUBLET
DIMINUTION IN VALUE
KENED LTD V CONNIE INVESTMENTS LTD
LANDLORD AND TENANT ACT 1988
NORWICH UNION LIFE INSURANCE SOCIETY V SHOPMOOR LTD
PROFITS TEST
REASONABLE TIME
REASONS IN WRITING
USE
ChD 23 March 1998. F held a lease of business premises which included a provision not to underlet without the prior consent of the landlord., such consent not to be unreasonably withheld or delayed. In November 1997 F wrote to A requesting consent to sublet and, enclosed accounts for the proposed assignee. A advised F by telephone later that month that consent would not be forthcoming and following a period of `without prejudice` discussions continued to withhold consent. F commenced proceedings to obtain a declaration of unreasonably withholding of landlord`s licence to underlet. "Held" if a landlord does not provide his reasons for refusing consent in writing within a reasonable time then he cannot rely on those reasons in court for justifying his withholding of consent. A failed to reply to the request to underlet within a reasonable time in writing. F was granted the delaration.
CONSENT TO SUBLET
DIMINUTION IN VALUE
KENED LTD V CONNIE INVESTMENTS LTD
LANDLORD AND TENANT ACT 1988
NORWICH UNION LIFE INSURANCE SOCIETY V SHOPMOOR LTD
PROFITS TEST
REASONABLE TIME
REASONS IN WRITING
USE