The online resource for UK Property Law

Consents

These pages contain details relating to the position where a tenant is seeking the landlord’s consent to assign, sublet, or carry out alterations etc.

Click on the topic that is of interest to you from the contents on the left.

Underletting

Difficult landlord Design Progression Ltd v Thurloe Properties Ltd [2004] EWHC 324 Let this case be a warning to any landlord who thinks he might like to make life difficult for a tenant seeking to assign or underlet. The proposed assignee was clearly suitable. After...

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Tenant’s request

This page deals with the tenant's application to the landlord requesting consent to assign, sub-let or charge the lease, the form and contents of the request and how it should be served. Introduction The tenant must ask for consent. If he fails to do so and assigns or...

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Change of use

Planning permission Consent to apply for planning permission required Sequent Nominees Ltd (formerly Rotrust) v Hautford Ltd [2019] UKSC 47 Summary By a 3:2 majority the Supreme Court has held that a landlord was reasonable in withholding its consent to the tenant...

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Alterations

Unreasonable refusal to consent Iqbal v Thakrar [2004] EWCA Civ 592 Facts Lease of ground floor premises for a term of 999 years, which contained a covenant not to alter the premises without the consent of L not to be unreasonably withheld. T sought Ls consent to...

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Landlord’s response

This page deals with the following issues: The reason that can be relied upon - adducing evidence that was not available at the time the reason was given to support that reason - elaborating the reasons. Reasonable time. Consent by accident! - Consent "in principle" -...

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Reasonable refusal

General principles There are many cases on the subject the most important of which is probably International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [1985] EWCA Civ 11. The main principles as stated in that case are as follows (Balcombe J at 325):...

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Conditions

Guarantor Absolute covenant Mount Eden v Towerstone [2002] 31 EG 97; [2003] L&TR 4 A requirement for a prospective assignee to offer a guarantor of its covenants is often included in a lease as an absolute requirement in what is otherwise a fully qualified...

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