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07 May 2009 / Rajeev Nayyar
Issue: 7368 / Categories: Features , Landlord&tenant , Property
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Becoming a yes man

Rajeev Nayyar finds the recession leaves landlords with fewer choices

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Failure to follow these requirements may leave the landlord vulnerable to a claim for breach of statutory duty that could result in a court declaration that consent has been unreasonably withheld and damages. Further, where consent has been unreasonably withheld the landlord is not entitled to remove the assignee if it occupies without licence. The key factor that the landlord must consider is whether no reasonable landlord would withhold consent to the requested assignment, having regard to the identity and character of the assignee.

Landlords may be on the receiving end of calls from tenants on the brink of insolvency requesting consent to assign, possibly to a newly incorporated company with no trading history or past accounts. When the market was buoyant they may have been reluctant to grant consent to the assignment but in the current market landlords are struggling with increased tenant defaults and falling capital values. These drops in capital value are magnified

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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