Reasonable refusal
Reasonable refusal
- 2001
- Estates Gazette (0148) 1 December 2001, 126(1) .
Discusses the implications of "Ashworth Frazer Ltd v Gloucester CC" in which HL overturned a long-standing rule governing consent to assignment. Among the key points to be drawn from the ruling are that a landlord can now refuse consent to an assignment if he reasonably fears that the proposed assignee will breach the user covenant. In addition, a landlord is limited to the stated grounds for refusal, but can elaborate on those grounds at a later date.
ASHWORTH FRAZER LTD V GLOUCESTER CC
LANDLORD AND TENANT (COVENANTS) ACT 1995
CONSENT TO ASSIGNMENT
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1963
ASSIGNMENT OF LEASES
COMMERCIAL LEASES
WITHHOLDING CONSENT
REFUSAL
Discusses the implications of "Ashworth Frazer Ltd v Gloucester CC" in which HL overturned a long-standing rule governing consent to assignment. Among the key points to be drawn from the ruling are that a landlord can now refuse consent to an assignment if he reasonably fears that the proposed assignee will breach the user covenant. In addition, a landlord is limited to the stated grounds for refusal, but can elaborate on those grounds at a later date.
ASHWORTH FRAZER LTD V GLOUCESTER CC
LANDLORD AND TENANT (COVENANTS) ACT 1995
CONSENT TO ASSIGNMENT
TOWN AND COUNTRY PLANNING (USE CLASSES) ORDER 1963
ASSIGNMENT OF LEASES
COMMERCIAL LEASES
WITHHOLDING CONSENT
REFUSAL