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Footwear Corporation Ltd v Amplight Properties Ltd

Language: English Series: Estates Gazette ; (1998) 25 EG 171-177(7)Publication details: 1998Subject(s): Summary: ChD 23 March 1998. F held a lease of business premises which included a provision not to underlet without the prior consent of the landlord., such consent not to be unreasonably withheld or delayed. In November 1997 F wrote to A requesting consent to sublet and, enclosed accounts for the proposed assignee. A advised F by telephone later that month that consent would not be forthcoming and following a period of `without prejudice` discussions continued to withhold consent. F commenced proceedings to obtain a declaration of unreasonably withholding of landlord`s licence to underlet. "Held" if a landlord does not provide his reasons for refusing consent in writing within a reasonable time then he cannot rely on those reasons in court for justifying his withholding of consent. A failed to reply to the request to underlet within a reasonable time in writing. F was granted the delaration.
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Law report London Journal article ABS58921 (Browse shelf(Opens below)) 1 Available 87171-1001

ChD 23 March 1998. F held a lease of business premises which included a provision not to underlet without the prior consent of the landlord., such consent not to be unreasonably withheld or delayed. In November 1997 F wrote to A requesting consent to sublet and, enclosed accounts for the proposed assignee. A advised F by telephone later that month that consent would not be forthcoming and following a period of `without prejudice` discussions continued to withhold consent. F commenced proceedings to obtain a declaration of unreasonably withholding of landlord`s licence to underlet. "Held" if a landlord does not provide his reasons for refusing consent in writing within a reasonable time then he cannot rely on those reasons in court for justifying his withholding of consent. A failed to reply to the request to underlet within a reasonable time in writing. F was granted the delaration.