JMW’s Property Litigation team has successfully resisted an appeal by a landlord in respect of a tenant’s successful application to assign their commercial lease
Acting on behalf of a tenant, Richard Glover, a partner in our Property Litigation team, and Rachel Airriess, a paralegal, successfully resisted a landlord’s appeal to the High Court in respect of a first instance decision of Chester County Court to grant the tenant’s application to assign a commercial lease.
This was an important decision as the appeal Judge underlined the need for landlords to act reasonably when considering applications for consent as well as reaching a reasonable decision on the application. The court acknowledged that it might have been appropriate for the landlord to refuse consent to the assignment, in the circumstances, but the landlord here had acted so unreasonably during the process of considering the application that it amounted to a breach of his statutory obligation to deal with these applications in a reasonable manner.
Get in touch
Our specialist property litigation lawyers are experts in landlord and tenant law. If you would like advice on assigning a commercial property lease, we can help to navigate you through the process. Please contact us on 0345 872 6666 or fill in our online enquiry form to request a callback.