Q&As

A landlord has unreasonably withheld consent to an alienation request on the basis of rent arrears which are not owed. The landlord has also unlawfully re-entered the premises and as a result caused significant damage to the tenant’s stock.

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Published by a LexisNexis Property Disputes expert
Published on: 06 December 2017
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It has been assumed for the purposes of this Q&A that the withholding of consent relates to an alienation request (ie a request was to assign/underlet/charge/part with possession). If, however, it related to alterations, the response will need to be revisited as it is governed by different case law and statutory provisions. As a starting point in that regard, see: Alterations and improvements for property disputes lawyers—overview.

Unreasonable withholding of consent

As set out in Practice Note: Landlord's consent to assign or underlet, in the case of Ansa Logistics v Towerbeg, the High Court confirmed that consent to assign/underlet cannot normally be refused simply because the landlord is able to identify a breach of covenant. The question is whether the breach of covenant is of such a nature as to justify the refusal of consent. See commentary:

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Alienation definition
What does Alienation mean?

Assigning, underletting, parting with or sharing possession or occupation of premises. Typically a lease will contain restrictions on a tenant’s ability to do so, without the landlord’s prior written consent.

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