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Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Tag Archives: assignment

Posted in Real Estate

Waiving not an option in offer-back case

Offer-back clauses in leases are sometimes used to give the landlord greater control over the identity of the tenant at a property. However, the mechanism of operating an offer-back clause can be problematic as demonstrated by a very recent case: (1) TCG Pubs Limited (in Administration) (“TCG”) and (2) the Administrators of TCG Pubs Limited

Posted in Real Estate

Reasonable doubt when applying for landlord’s consent

Do landlords have to act reasonably when dealing with a tenant’s application for consent?  This is a surprisingly tricky question.  The starting point is always what the lease says about the landlord’s obligations if the tenant seeks permission e.g. to –assign, underlet or carry out alterations.  However, the lease is not the complete picture as

Posted in Real Estate

Legal A – Z: “C” is for Consent

Q) I have received an application from my tenant to assign its lease, but the tenant has not provided enough information on the proposed tenant’s financial position for me to decide the matter. Can I simply refuse consent? A) Yes. If your lease prohibits assignment “without the consent of the landlord not to be unreasonably

Posted in Case Updates

Consent to assign not unreasonably delayed

E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch) E.ON was Gilesports’ landlord of a retail shop. Gilesport sought to assign the lease and requested E.ON’s consent by email. The email did not state that there was an urgency in respect of the transaction. Gilesports provided financial information in respect of the assignee on