header-logo header-logo

Giving the go-ahead

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

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll