Refusal of consent to assign: the unreasonable landlord
Language: English Series: Conveyancer & Property Lawyer ; January-February 1988, 45Publication details: 1988Subject(s): Summary: Where a tenant covenants not to assign his lease or underlet the demised property without the landlord`s prior consent, it is subject to the proviso that the landlord`s consent shall not be unreasonably withheld. If a tenant proceeds with the assignment and subletting however, and it transpires that the landlord`s refusal was reasonable, the tenant will be liable to forfeiture of the lease on account of breach of covenant . Therefore it is essential that the tenant has a clear indication of whether a refusal of consent was reasonable or not. This article discusses, with extensive reference to case law, the problems faced by the courts in determining the question of reasonableness, highlighting the lack of clarification in this area of the law.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS38921 (Browse shelf(Opens below)) | 1 | Available | 13339-1001 |
Where a tenant covenants not to assign his lease or underlet the demised property without the landlord`s prior consent, it is subject to the proviso that the landlord`s consent shall not be unreasonably withheld. If a tenant proceeds with the assignment and subletting however, and it transpires that the landlord`s refusal was reasonable, the tenant will be liable to forfeiture of the lease on account of breach of covenant . Therefore it is essential that the tenant has a clear indication of whether a refusal of consent was reasonable or not. This article discusses, with extensive reference to case law, the problems faced by the courts in determining the question of reasonableness, highlighting the lack of clarification in this area of the law.