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The High Court have determined that the entirety of a settlement agreement was void owing to non-compliance with s.38A Landlord and Tenant Act 1954.
The importance of ensuring s38A of the Landlord and Tenant Act 1954 is complied with in all instances.
Case Name, Reference and Bailii Link
Euroresins UK Limited v TLC Investment Limited [2026] EWHC 2105 (Ch)
https://www.bailii.org/ew/cases/EWHC/Ch/2026/2105.html
Summary
This case involved a Defendant Landlord who had let their warehouse to a Claimant Tenant. The Tenant made contact with the Landlord and sought consent to assign. Assignment was refused by the Landlord who cited that they alleged there had been breaches of the repairing covenant. This lead to a litigated dispute which resolved by the parties coming to an agreement by way of a Tomlin Order with a Settlement Agreement annexed to the same.
Library Category:
English