Business leases – refusal of consent to assign – break clauses

Norwich Union Life and Pensions v Linpac Mouldings Limited [2009] EWHC 1602 (Ch) (Lewison J) (21 May 2009)

This case concerned the refusal of an application for a licence to assign on the ground that if granted it might enable the assignee to operate a break clause, to the perceived disadvantage of the landlord. The case is important because it reviews the relevant law in this area. In the current economic climate many tenants will be looking to see if they can exercise a break option and many landlords will be looking for ways to prevent tenants from doing so.