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Tuesday 27 February 2018

When is refusal of consent to assign valid? No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd

Martin Hutchings QC and Jonathan Seitler QC recently appeared on opposing sides in the Court of Appeal case of No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250. It is the first reported decision on the application of the Landlord and Tenant Act 1988 in the residential context, but it has implications as much for commercial landlords and tenants, as for residential. The case examined important issues which arose from a long lessee of a flat applying to its landlord for consent to assign. Last week’s judgment decided that where a landlord refuses consent on three grounds, two of which are reasonable and one is not, the refusal of consent is still valid. The case also contains several important practical lessons for landlords who are under a duty not unreasonably to refuse consent to assign.

Martin Hutchings QC acted for the appellant and Jonathan Seitler QC for the respondent.

Download the full judgment here.


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