Examination Timing: 00H01M29S
Emma has leased a commercial property from Luke for a term of 10 years. The lease contains a clause prohibiting Emma from making any alterations to the property without Luke's consent. Emma wishes to install new signage on the exterior of the building, which constitutes an alteration. Which of the following statements best describes Emma's position if Luke unreasonably withholds consent?
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Your selected option: D
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If a landlord unreasonably withholds consent for alterations when the lease requires such consent, the tenant can apply to the court for a declaration that the landlord's withholding of consent is unreasonable. If the court agrees, the tenant may proceed with the alteration. This provides a legal remedy for tenants when landlords act unreasonably.
Key Point: Tenants can seek a court declaration if a landlord unreasonably withholds consent for alterations required by the lease. The court's approval allows the tenant to proceed with the alteration legally.
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