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Air India v Balabel

Language: English Series: Estates Gazette ; (1993) 30 EG 90-94(5)Publication details: 1993Subject(s): Summary: CA 1 April 1993. By an underlease the respondents (A) let the premises to a company for a period of 20 years. The tenant covenanted not to assign the lease without the landlords consent, which would not be unreasonably withheld. Following an administration order on the tenant, A refused an application by the administrator to assign the underlease to the appellant (B) based on their knowledge of B as an unreliable tenant. The administrators ignored this refusal and assigned the lease to B. A served a notice under Law of Property Act 1925 s146 alleging breach of covenant against the assignment without consent. A issued proceedings claiming possession, rent and mesne profits. B counterclaimed alleging that consent to assign had been unreasonably withheld. Judgement was given to A. B appealed contending that Landlord and Tenant Act 1988 had altered the law requiring the landlord to justify its reasons for withholding consent. The appeal was dismissed on the grounds that the Act did not n
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS49188 (Browse shelf(Opens below)) 1 Available 70289-1001

CA 1 April 1993. By an underlease the respondents (A) let the premises to a company for a period of 20 years. The tenant covenanted not to assign the lease without the landlords consent, which would not be unreasonably withheld. Following an administration order on the tenant, A refused an application by the administrator to assign the underlease to the appellant (B) based on their knowledge of B as an unreliable tenant. The administrators ignored this refusal and assigned the lease to B. A served a notice under Law of Property Act 1925 s146 alleging breach of covenant against the assignment without consent. A issued proceedings claiming possession, rent and mesne profits. B counterclaimed alleging that consent to assign had been unreasonably withheld. Judgement was given to A. B appealed contending that Landlord and Tenant Act 1988 had altered the law requiring the landlord to justify its reasons for withholding consent. The appeal was dismissed on the grounds that the Act did not n