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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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