References: [2012] UKUT 1 (LC)
Links: Bailii
Ratio: UTLC LANDLORD AND TENANT – administration charges – charge for consent to underletting – whether precluded by statute – held that it was not – whether precluded if no provision for it in lease – held that it was not – reasonableness – Landlord and Tenant Act 1927 s 19(1)(a) and(b) – appeals allowed
In the context of a fee charged for granting consent to an underletting of a short-hold tenancy, a reasonable fee should be assessed by reference to the things that would need to be done in a typical case, or that were in fact done in the case under consideration, rather than by reference to a list of all the things that could conceivably be done in connection with the grant of consent.
Statutes: Commonhold and Leasehold Reform Act 2002, Landlord and Tenant Act 1927 19(1)(a) 19(1)(b)
Jurisdiction: England and Wales
This case is cited by:
- Cited – Crosspite Ltd v Sachdev and Others UTLC (Bailii, [2012] UKUT 321 (LC))
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine . . - Cited – No1 West India Quay (Residential) Ltd v East Tower Apartments Ltd ChD (Bailii, [2016] EWHC 2438 (Ch))
Tenants under long residential leases challenged the refusal of the landlord to consent to particular assignments of apartments. The leases contained provisions saying that such consent was not to be unreasonably withheld. The landlord now appealed . .
(This list may be incomplete)
Leading Case
Last Update: 14 October 2018
Ref: 452849
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