Reversing the trend
Murdoch, S.
Reversing the trend - 2004 - Estates Gazette (0439) 25 September 2004, 133(1) .
The right to sublet is often restricted or even prohibited by a covenant in a tenant's lease. Compares two different approaches taken by the courts with regards to consideration of subletting by tenants. In "Homebase Ltd and another v Allied Dunbar Assurance plc" ([2002] EWCA Civ 666, Abs65740), the CA agreed with the landlord's contention that the proposed sublease did not comply with the required preconditions. However in "NCR Ltd v Riverland Portfolio No 1 Ltd ([2004] EWHC 921, [2004] 16 EG 110(CS)) the payment of a reverse premium was accepted as a way of satisfying headlease conditions.
REVERSE PREMIUM
SUBLETTING
HEADLEASES
HOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC
NCR LTD V RIVERLAND PORTFOLIO NO 1 LTD
Reversing the trend - 2004 - Estates Gazette (0439) 25 September 2004, 133(1) .
The right to sublet is often restricted or even prohibited by a covenant in a tenant's lease. Compares two different approaches taken by the courts with regards to consideration of subletting by tenants. In "Homebase Ltd and another v Allied Dunbar Assurance plc" ([2002] EWCA Civ 666, Abs65740), the CA agreed with the landlord's contention that the proposed sublease did not comply with the required preconditions. However in "NCR Ltd v Riverland Portfolio No 1 Ltd ([2004] EWHC 921, [2004] 16 EG 110(CS)) the payment of a reverse premium was accepted as a way of satisfying headlease conditions.
REVERSE PREMIUM
SUBLETTING
HEADLEASES
HOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC
NCR LTD V RIVERLAND PORTFOLIO NO 1 LTD