Ashworth Frazer Ltd v Gloucester CC
Ashworth Frazer Ltd v Gloucester CC
- 2001
- Weekly Law Reports [2001] 1 WLR 2180-2204(24) .
HL 8 November 2001. Appeal by local authority (G) and cross-appeal by tenant (A) against CA decision (See Abs62094) were allowed. In allowing the cross appeal, HL held that the proposed use intended by the assignee would not have been in breach of any covenant contained in the lease. G's appeal was allowed on the grounds that the CA wrongly applied "Killick v Second Covent Garden Property Co Ltd" 1973 with regard to whether a landlord's withholding of consent was reasonable or not. HL ruled that the HC should determine whether G had acted unreasonably in refusing consent to assign. Full copy of judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011108/ashwth-1.htm.
ASHWORTH FRAZER LTD V GLOUCESTER CC
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1963
COVENANTS
ASSIGNMENT OF LEASES
WITHHOLDING CONSENT
CONSENT TO ASSIGN
REFUSAL
COMMERCIAL LEASES
KILLICK V SECOND COVENT GARDEN PROPERTY CO LTD
HL 8 November 2001. Appeal by local authority (G) and cross-appeal by tenant (A) against CA decision (See Abs62094) were allowed. In allowing the cross appeal, HL held that the proposed use intended by the assignee would not have been in breach of any covenant contained in the lease. G's appeal was allowed on the grounds that the CA wrongly applied "Killick v Second Covent Garden Property Co Ltd" 1973 with regard to whether a landlord's withholding of consent was reasonable or not. HL ruled that the HC should determine whether G had acted unreasonably in refusing consent to assign. Full copy of judgement available on http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011108/ashwth-1.htm.
ASHWORTH FRAZER LTD V GLOUCESTER CC
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1963
COVENANTS
ASSIGNMENT OF LEASES
WITHHOLDING CONSENT
CONSENT TO ASSIGN
REFUSAL
COMMERCIAL LEASES
KILLICK V SECOND COVENT GARDEN PROPERTY CO LTD