000 01527cab a2200229 4500
001 ABS49520
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u71682
041 _aeng
245 _aCIN Properties Ltd v Gill
260 _c1993
350 _a0
490 _aEstates Gazette
_v(1993) 38 EG 152-154(3)
520 _aQBD 7 December 1992, The plaintiff landlords, C, let a flat in a building they owned to the defendant, G, for a period of 28 years. The lease contained a covenant not to assign without the landlords consent which would not be unreasonably withheld. In February 1989 G put the lease up for sale at auction and it was acquired by another company, A. They then applied to C for their consent but this was refused. By early 1989 the rent was in arrears and C issued three writs. In the first two of these actions G counterclaimed under Landlord and Tenant Act 1988 for damages for breach of the landlords duty not to withhold consent to assignment. Before the third hearing C applied to have A wound up and to present its accounts in court. This was not allowed. C appealed and this was dismissed on the grounds that a landlord cannot rely on matters which did not influence him when he refused consent therefore later accounts were not relevant.
650 _aCONSENT TO ASSIGN
650 _aLANDLORD AND TENANT ACT 1988
650 _aMATERIAL DATE
650 _aRENT ARREARS
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c45223
_d45223