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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.
Holdings
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.