Deverall v Wyndham and Others
Language: English Series: Estates Gazette ; (1989) 01 EG 70-77(5)Publication details: 1989Subject(s): Summary: ChD 5 May 1988. The plaintiff tenant (D) sought declarations that the lessors (W) were unreasonable in their refusal to consent to two proposed sublettings by the lessee. D held a lease due to expire in 1992. D occupied the basement and ground floor and applied to sublet the first floor to his son and the second floor to a friend. Neither of the subtenancies would have been protected as long as D continued to be the resident landlord . If, however, D did cease to be a resident before 1992, the subtenancies would become protected and the subtenants would be entitled to remain in possession after the lease had expired. W refused their consent on the ground the value of the reversion would be reduced by protected subtenancies. D sought declarations from the court. It was held that W had unreasonably withheld consent; the judge weighed up the circumstances and concluded that the points in favour of the lessee outweighed those in favour of the lessors. Declarations accordingly.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40260 (Browse shelf(Opens below)) | 1 | Available | 22603-1001 |
ChD 5 May 1988. The plaintiff tenant (D) sought declarations that the lessors (W) were unreasonable in their refusal to consent to two proposed sublettings by the lessee. D held a lease due to expire in 1992. D occupied the basement and ground floor and applied to sublet the first floor to his son and the second floor to a friend. Neither of the subtenancies would have been protected as long as D continued to be the resident landlord . If, however, D did cease to be a resident before 1992, the subtenancies would become protected and the subtenants would be entitled to remain in possession after the lease had expired. W refused their consent on the ground the value of the reversion would be reduced by protected subtenancies. D sought declarations from the court. It was held that W had unreasonably withheld consent; the judge weighed up the circumstances and concluded that the points in favour of the lessee outweighed those in favour of the lessors. Declarations accordingly.