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This unique book provides practical and legal clarity on all questions concerning landlord's consent, such as: What is a valid and effective request for consent? When can a tenant impose its desire for change on a reluctant landlord? What is a reasonable as opposed to an unreasonable refusal of consent? And what are the perils if either side calls it wrong?
Since the last edition of this book in 2008, the law relating to landlord's consent, has evolved considerably. The purpose of this new edition is to bring that evolution into the much-loved analysis which have made practitioners say that previous editions have been that rare beast: a book about law that is actually enjoyable to read and which allows the practitioner and student clearly to see the wood for the trees.
List of contents
PART 1
RESTRICTIONS ON ALIENATION
1. Disposition Rights of Tenants
2. Types of Disposition Commonly Restricted
3. The Burden of Disposition Covenants
4. Fully Qualified Covenants against Disposition
5. The Landlord and Tenant Act 1988
6A. Unreasonable Withholding of Consent – General Principles
6B. Unreasonable Withholding of Consent – Specific Reasons
7. Special Categories of Tenant
PART 2
RESTRICTIONS ON ALTERATIONS AND IMPROVEMENTS
8. Restrictions on Alterations and Improvements
PART 3
RESTRICTIONS ON USE
9. Restrictions on Use
PART 4
CONTRACTS AND CONSENTS
10. Contracts and Consents
PART 5
LITIGATION CONSIDERATIONS
11. Landlord and Tenant’s Considerations: The Need for Formal Licence (or, ‘Granting Consent by Accident’)
12. Tenant’s Considerations (1): The Mechanics of Obtaining Consent
13. Tenant’s Considerations (2): The Commencement and Pursuit of Dispute Resolution Procedures in Relation to a Refusal of Consent under a Fully Qualified Covenant
14. Landlord’s Considerations (1): The Response to the Initiation of Dispute Resolution Procedures in Relation to a Refusal of Consent under a Fully Qualified Covenant
15. Landlord’s Considerations (2): Landlord’s Remedies against a Tenant Proceeding without Necessary Consent
16. Selection of Precedents
About the author
Letitia Crabb, Jonathan Seitler KC and Miriam Seitler
Summary
This unique book provides practical and legal clarity on all questions concerning landlord’s consent, such as: What is a valid and effective request for consent? When can a tenant impose its desire for change on a reluctant landlord? What is a reasonable as opposed to an unreasonable refusal of consent? And what are the perils if either side calls it wrong?
Since the last edition of this book in 2008, the law relating to landlord’s consent, has evolved considerably. The purpose of this new edition is to bring that evolution into the much-loved analysis which have made practitioners say that previous editions have been that rare beast: a book about law that is actually enjoyable to read and which allows the practitioner and student clearly to see the wood for the trees.
Foreword
This new edition covers key cases and developments including; Braganza; No.1 West India Quay (Residential) Ltd; Sequent Nominees Ltd (formerly Rotrust Nominees Ltd).
