References: Times 21-Jan-1994
Coram: Sir Donald Nicholls VC
Ratio: A scheme had been approved by the court under the Act, conferring management powers on managers. They were to consider applications for permission to construct new buildings, such consent not to be unreasonably withheld.
Held: It was for the freeholder managers to show that his refusal of consent for a development is unreasonable. If the householder and managers found themselves in disagreement, it was for the court to stand in the manager’s shoes only for the narrow purpose of seeing whether, acting reasonably, their decision was one they could reasonably have reached.
Statutes: Leasehold Reform Act 1967 19
Jurisdiction: England and Wales
This case cites:
- Cited – Pimms Ltd v Tallow Chandlers Company CA ([1964] 2 QB 547)
The landlord had refused its consent to an assignment of the remaining term of a lease to a development company, which desired to acquire the lease because of its nuisance value, and to use its interest as a basis for inducing the landlord to enter . . - Cited – Shanly v Ward CA ([1913] 29 TLR 714)
A tenant challenged his landlord’s refusal of consent to an assignment.
Held: The refusal was reasonable. The onus of proving that consent has been unreasonably withheld is on the tenant. It was not enough to show that other lessors might have . .
(This list may be incomplete)
Last Update: 17 July 2019
Ref: 80376
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