header-logo header-logo

08 September 2011 / Andrew Chesser
Issue: 7480 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Giving the go-ahead

Andrew Chesser explores the thorny issue of obtaining landlord’s consent

Landlords and tenants often have equally valid, but conflicting, priorities when seeking consent to assign, sub-let or carry out alterations. For landlords, these can include estate management issues, strength of tenant covenant and their own business interests; for tenants, disposal, retention and expansion of their business premises (often one of the largest overheads for a business).

Frustration

Seeking and giving consent can produce frustrations for both sides, with issues of timing and the provision of sufficient information being common problems. The form of consent can also be an issue as seen in British Telecommunications Limited v Rail Safety and Standard Boards Limited [2011] All ER (D) 290 (Jul). Here, the parties accepted the agreement could be determined if “superior landlord’s consent” had not been obtained by a given date. One party purported to determine the agreement by notice, arguing that superior landlord’s consent had not been obtained as relevant licences had not been entered into by the prescribed date. The other party

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

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

Freeths—John Jones

Freeths—John Jones

Freeths strengthens senior leadership team with Chief Technology Officer appointment

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll