Cases - Footwear Corporation Ltd v Amplight Properties Ltd

Record details

Name
Footwear Corporation Ltd v Amplight Properties Ltd
Date
[1998]
Citation
2 EGLR 28
Legislation
Keywords
Landlord and tenant
Summary

A landlord refusing consent under the 1988 Act cannot rely on any reason not communicated to the tenant in writing.

The Landlord and Tenant Act 1988 now requires the landlord to state the reasons in writing if he or she decides to withhold consent. Under the Act the landlord has a statutory duty to deal promptly with applications for licence to assign or underlet.

This was emphasised in the above case:

'... if the landlord does not within a reasonable time give his reasons for refusing consent in writing, then it is not open to him to rely on those reasons in court for justifying his withholding consent.'