Licence To Assign A Lease

Licence To Assign A Lease-85
On the basis that no formal consent had been given so the tenant remained liable the landlord sought to recover these from the tenant.

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Pagbabago Ng Panahon Essay - Licence To Assign A Lease

Background This case concerned a retail unit let by a superior landlord to a head tenant (for purposes of this article referred to as the “landlord”) (the “superior lease”).Amongst other things, the Court was asked to decide whether the landlord had unreasonably delayed giving its consent to the assignment.When a tenant applies for landlord’s consent to alienation, an important piece of legislation can come to their aid.Notwithstanding that no licence to assign had been completed, Gilesports completed the assignment at the end of May.The dialogue with the landlord’s solicitors about the text of the licence to assign continued, although it was slow moving.In 2009 the assignee went into administration, owing a significant amount of rent arrears.The landlord sued the original tenant, Gilesports, for arrears, on the basis that no consent to the assignment had been given, so Gilesports remained liable.Despite this, the court also considered whether the landlord in this case had in fact unreasonably delayed giving consent.Gilesports’ solicitors had never indicated that the application was an urgent one.When the group company was sold to a third party, it was agreed that the lease should also be formally assigned.The tenant made an application to the superior landlord by email but failed to make an application to the landlord until some time later.


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