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Commercial Leases

Alienation – assignment – parting with possession – requirement for landlord’s consent – whether consent unreasonably withheld – breach of covenant

Charlotte Abigail Reiner and Others v Triplark ltd [2016] UKUT 0524 (LC) (6 January 2017)


Staying with consents for the moment we highlight this case as it concerns technical matters of registration and the transfer of legal title and also the overlap where a landlord’s right and obligation to manage its property is taken away by reason of the Right to Manage provisions of the Commonhold and Leasehold Reform Act 2002. The landlord asserted that the tenant had breached a clause of an underlease by parting with possession of the flat without obtaining its written consent.

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