000			01807cad a22002175a 4500
001			L147058
008			090327e20090220xxk f v 000 0 eng d
035			_a(Sirsi) u147058
041	0		_aeng
245	0	0	_aLandlord Protect Ltd v St Anselm Development Company Ltd _h[electronic resource]
260			_2009
520			_a[2009] EWCA Civ 99, 20 February 2009. A landlord will not normally be able to ask for further protection as a condition for agreeing to transfer a lease. A tenant agreed to purchase a head lease from its head landlord. It was agreed that the tenant give a guarantee. A dispute then arose over the extent of the guarantee. The freeholder was only prepared to grant consent if the tenant's director acted as guarantor. The tenant said this was unreasonable because the freeholder would not release the Director if any new tenant could not provide a satisfactory replacement and asked for its deposit back. After loosing an initial case (see L144537), it went to the Court of Appeal. Held: appeal allowed. The freeholder could only require a guarantee from the Director while he is a tenant. It would be unreasonable if a guarantor was liable after its tenancy was over and inappropriate for the purposes of the Common Auction Conditions. The tenant was entitled to the return of its deposit. Straudley Investments Ltd v Mount Eden Land Ltd (No1) applied.
590			_aKA
650	2	4	_aSTRAUDLEY INVESTMENTS LTD V MOUNT EDEN LAND LTD
650	2	4	_aLANDLORD AND TENANT ACT 1988
650	2	4	_aLANDLORD PROTECT LTD V ST ANSELM DEVELOPMENT CO LTD
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2009/99.html/ _zView the report at www.bailii.org...
942			_n0
999			_c81368 _d81368