Landlord's consent for dealings with a lease and the Landlord and Tenant Act 1988

by Practical Law Property

Maintained | England, Wales

A practice note that examines the statutory duties imposed on landlords under the Landlord and Tenant Act 1988 (LTA 1988) when a tenant requests consent for alienation, such as a licence to assign or underlet. This practice note outlines the key obligations, including the duty to respond to applications within a reasonable time, to give consent except where it is reasonable not to do so, and to provide written reasons for any refusal. It explores the question of what constitutes unreasonably withholding consent, drawing on established case law and legal principles. The guidance also discusses the remedies available to a tenant for a landlord's breach of statutory duty, which can include a claim for damages.

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