E.ON UK plc v Gilesports Limited : Section 1(3) of the Landlord and Tenant Act 1988
A tenant application for consent to assign a lease can sometimes prove a fractious affair and can strain relations between landlord and tenant.
Sometimes, the landlord is not in favour of the proposed assignee or simply fails to provide its consent in a timely fashion. Both circumstances can frustrate a tenant wishing to exercise its right to assign.
Tenants may use the provisions of the Landlord and Tenant Act 1988 (LTA 1988) as a means of ensuring that a landlord does not unreasonably withhold or delay consent to a tenant assignment.
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