||All England Reporter
|| All ER (D) 06 (Oct)
Peter Leaver QC sitting as a deputy judge of the High Court
||Mark Warwick (instructed by Ingram Winter Green) for the claimant
||Alan Steynor (instructed by Hamlins) for the defendant.
||1 October 2002
Landlord and tenant - Assignment of lease - Provision of surety - Lessee of premises seeking consent of defendant landlord to assignment of lease - Landlord serving notice of forfeiture - Whether landlord's insistence on provision of surety as condition of grant of licence to assign lease unreasonable.
In proceedings arising out of the assignment of a lease, the court ruled that, in all the circumstances of the case, it was unreasonable for the landlord to have insisted on a surety as a condition for its consent to the assignment and accordingly it would grant a declaration that the assignment to the claimant was not a breach of the terms of the lease.
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