The Landlord and Tenant Act 1988 applies to leases that prohibit tenants from assigning without their landlord’s consent. It places landlords under a duty to consent to a request for…
No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch) concerned the assignment of long leasehold interests in three high value residential apartments in London
Conveyancers usually play safe when assigning or underletting leasehold premises– and refuse to complete a without a licence to assign or underlet.
Licence to assign: Landlord’s costs
Forfeiture action for breach of covenant against assignment — Landlord contractually entitled to insist on further security in certain circumstances — Landlord insisting on additional guarantors before consenting to assignment…
Tenant seeking licence to assign long lease – Landlord anxious to procure surrender of lease – Whether refusal of consent reasonably based on alleged breach of repairing covenant
Until very recently, there were occasions when a landlord who had taken a qualified covenant against assigning could find himself in something of a fix.