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

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Constantine Law—Anita Vadgama

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NEWS
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
The European Council has postponed the EU-UK summit, where discussions on a youth mobility scheme and other issues had been due to take place, due to Prime Minister Keir Starmer’s resignation
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