header-logo header-logo

07 May 2009 / Rajeev Nayyar
Issue: 7368 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Becoming a yes man

Rajeev Nayyar finds the recession leaves landlords with fewer choices

* * * * * *

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll