Source: All England Reporter
Publisher Citation: [2002] All ER (D) 06 (Oct)
Court: Chancery Division

Peter Leaver QC sitting as a deputy judge of the High Court

Representation Mark Warwick (instructed by Ingram Winter Green) for the claimant
  Alan Steynor (instructed by Hamlins) for the defendant.
Judgment Dates: 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.

The Case

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.

Practice Areas

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