Q&As

The tenant of a shopping centre unit holds the unit on a long lease and is seeking to assign it. The original landlord was a local authority but the reversion is now vested in a private individual. The tenant argues that it does not need the landlord's consent to assign the lease because of the effect of section 19(1)(b) of the Landlord and Tenant Act 1927. Can section 19(1)(b) apply where the original landlord was a local authority?

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Published on LexisPSL on 18/06/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • The tenant of a shopping centre unit holds the unit on a long lease and is seeking to assign it. The original landlord was a local authority but the reversion is now vested in a private individual. The tenant argues that it does not need the landlord's consent to assign the lease because of the effect of section 19(1)(b) of the Landlord and Tenant Act 1927. Can section 19(1)(b) apply where the original landlord was a local authority?
  • Section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927)

The tenant of a shopping centre unit holds the unit on a long lease and is seeking to assign it. The original landlord was a local authority but the reversion is now vested in a private individual. The tenant argues that it does not need the landlord's consent to assign the lease because of the effect of section 19(1)(b) of the Landlord and Tenant Act 1927. Can section 19(1)(b) apply where the original landlord was a local authority?

Section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927)

Section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927) applies to certain so-called 'building leases' which are leases:

  1. or more than 40 years

  2. in consideration wholly or partially for the erection, or the substantial improvement, addition or alteration of buildings

  3. where the landlord is not a government department, a local or public

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