Permission for consent to assign/sublet must be granted within a reasonable time – so why does that so rarely happen? What sort of conditions can be imposed and can consent ever be refused? Reviewing recent case law, this sessions draws practical tips on:-
- Pre-conditions: a help or hindrance? TGC v Girdlers
- Getting the application right: West India v East Tower; E.ON v Gilesports
- Reasonable conditions: costs, sureties, rent deposits – what really works?
- When can the landlord say ‘no’? EMI v O&H; Homebase v Grantchester; IDF v Louisville
After this session, the delegates will understand:
- The importance of pre-conditions, how & when they must be complied with
- The dangers of ignoring the words of the Landlord and Tenant Act 1988 when making application for consent in terms of when, where, to whom and how
- Which conditions are likely to be more reasonable in granting consent, and why
- When it is either essential or reasonable to withhold consent
Sarah Thompson-Copsey is a former property litigation partner at the firm now known as Dentons, where she acted for and advised many blue chip retail clients, developers and institutions. She is now a freelance legal trainer, lecturing and writing regularly on commercial property topics, with an emphasis on avoiding & resolving disputes. Sarah also works as an independent auditor of legal practices.
Sarah is co-author of Tenants’ Pre-emption Rights: A landlord’s guide to the Landlord and Tenant Act 1987 (Jordans) and Mixed Use and Residential Tenants’ Rights: The Landlord and Tenant Act 1987 and Leasehold Enfranchisement, (Elsevier 2009). She is also on the property consultation board of Practical Law Company and a site editor for the Property Law website at www.propertylawuk.net.