Lease Allienation Flashcards
Absolute
Qualified
Fully qualified
Absolute= The tenant shall not do
Qualified = The tenant shall not do …. witout the landlords consent
Fully qualified = The tenant shall not do… witout the landlords consent, such consent not to be unreasonably withheld
Section 19(1)(a) LTA 1927
This has no effect on absolute covenants prohibiting alienation
It assists tenants by converting a qualified Covent against alienation into a fully qualified covenant (so landlord can not unreasonably witheld)
Section 19(1)(a) LTA 1927 positives for landlord
Under section 19(1)(a) LTA 1927 it is also acceptable under this provision that a landlord can charge a reasonable sum for legal expenses in granting the consent. Example would be credit history. Reference etc
Case laying down guidelines as to when a court would consider a landlord to be acting reasonably in witheldholding consent
INTERNATIONAL DRILLING FLUIDS LIMITED V LOUISVILLE INVESTMENTS (Uxbridge) LIMITED 1986
This case set out guidelines on what was not reasonable. It must be something to do with the proposed ability of the assignee to pay the rent or bad reference
Landlords of shopping centres will usually have a prescribed mix
MOSS BROS GROUP PLC V CSC PROPERTIES LTD 1999
It was held that a landlord was reasonable in refusing consent as the proposed assignee did not fit in with the landlord tenant mix.
The policy must be known to the tenant and must be a rational one for
House of Lords confirmed where a landlord believed that the proposed assignee intended to use the premises for a purpose which would breach a covenant
ASHWORTH FRAZER LTD V GLOUSETER CITY COUNCIL 2002
It was reasonable for the landlord to refuse consent to an assignee if the purpose of use will breach a covenant
28 days to reply case ?
Dong bang minvera v davina 1995
Reasonable time to reply is 28 days
Which statute says it must be in writing
LTA 1988
