||All England Reporter
|| All ER (D) 92 (Jul)
David Oliver QC sitting as a deputy judge of the High Court
||5 July 2002
Landlord and tenant - Covenant against underletting without consent - Consent not to be unreasonably withheld - Tenant seeking to underlet retail premises - Landlord refusing consent on ground that proposed rent lower than market rent - Whether consent unreasonably withheld - s 1.
In proceedings by which the tenant sought damages arising out of breach by the landlord of its statutory duty under s1 of the not to withhold unreasonably its consent to an underletting, the court ruled that, had the landlord complied with its statutory duty under s1 of the Act but had nonetheless persisted in their refusal to consent to a change of user in respect of the premises, the outcome would, on a balance of probabilities, have been the same. The chain of causation had not been established and, accordingly, the claim would be dismissed.
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