Examination Timing: 00H00M37S
Sarah owns a commercial building and leases part of it to James for a 15-year term with a covenant that James must seek Sarah's consent before assigning the lease. Five years into the lease, James wants to assign the lease to his friend Peter. Sarah refuses consent without providing a reason.
What is the legal position regarding Sarah’s refusal?
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Under Section 19 of the Landlord and Tenant Act 1927, a landlord cannot unreasonably withhold consent for an assignment of a lease. If Sarah withholds consent without providing a valid reason, her refusal is considered unreasonable. James can seek a court order to allow the assignment if Sarah's refusal is deemed unreasonable. Key Point: Section 19 of the Landlord and Tenant Act 1927 implies that the consent of a landlord for an assignment cannot be unreasonably withheld. The landlord must provide a valid reason for refusal, otherwise, the tenant may challenge it in court.
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