Friday, 16 December 2016

LANDLORD’s BEWARE! COULD YOU BE WITHOLDING CONSENT UNREASONABLY ?

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd
Case Summary

In this recent case, East Tower Apartments Ltd (T) holders of long leases of residential apartments with No.1 West Quay Ltd (L) wished to assign apartments. As per the terms of the lease, L’s consent was required, such consent not to be unreasonably withheld.

L refused consent on 2 of its apartments, which T challenged L’s consent as being unreasonably withheld. Additionally, it was argued that the response time for granting consent to another of its apartments was unreasonably delayed.

In the first instance, the county court found that L had not unreasonably delayed the consent. This was because the T’s request to assign was not sent to L’s registered office. (Although it was sent to another address specifically stated by L).

However, in relation to the matter of unreasonably withholding consent, the county court decided in favor of T.

L appealed the decision and the matter was presented to the High Court. Click here for more details..

Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/

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