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Consents to assign – landlord’s duty to act reasonably – conditions imposed – costs – administration charges – one bad reason vitiates two good reasons

Commercial Leases

Consents to assign – landlord’s duty to act reasonably – conditions imposed – costs – administration charges – one bad reason vitiates two good reasons

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch) (Henderson J) (6 October 2016)

Although technically this case might be regarded as a residential lease case the subject leases were held for commercial purposes and the for the most part the issues that arose apply equally to business leases as they do to residential leases. Many leases contain a covenant by the lessee not to assign or underlet the whole of the demised premises without the prior written consent of the lessor, such consent not to be unreasonably withheld. This case concerns three such leases.

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