Licence to sublet
Licence to sublet
- 2001
- Estates Gazette [2001] EGCS 54 (21/04/01) .
"Allied Dunbar Assurance plc v Homebase Ltd and another", ChD 11 April 2001. The defendant tenant held a lease on retail premises which included a qualified covenant against subletting without prior consent of the claimant landlord, subject to a number of provisos. In March 1998 the tenant informed the landlord that it was closing the store and enlisted estate agents to find a subtenant. When a subtenant had been found, the tenant made an application with details of the proposed underlease and a further deed. The landlord withheld consent and sought an order to restrain the tenant from proceeding with the subletting claiming that the provisos had not been complied with. Held, the decision went in the landlords favour.
COMMERCIAL LEASES
HOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC
COVENANTS AGAINST ASSIGNMENT
CONSENT TO SUBLET
UNDERLEASES
"Allied Dunbar Assurance plc v Homebase Ltd and another", ChD 11 April 2001. The defendant tenant held a lease on retail premises which included a qualified covenant against subletting without prior consent of the claimant landlord, subject to a number of provisos. In March 1998 the tenant informed the landlord that it was closing the store and enlisted estate agents to find a subtenant. When a subtenant had been found, the tenant made an application with details of the proposed underlease and a further deed. The landlord withheld consent and sought an order to restrain the tenant from proceeding with the subletting claiming that the provisos had not been complied with. Held, the decision went in the landlords favour.
COMMERCIAL LEASES
HOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC
COVENANTS AGAINST ASSIGNMENT
CONSENT TO SUBLET
UNDERLEASES