Found insideDid the landlord tell you, or did she find you herself?" "The landlord just called me, saying that Little Qi is not renting any more, she wants to move ... Found inside – Page 177A qualified covenant means the landlord's prior written consent will be ... waive it he cannot be compelled to do so even if his attitude is unreasonable. Found inside – Page 119The key wording to include in an assignment clause is that the landlord will not unreasonably withhold their consent to the lease assignment. Found inside – Page 131However, it should be noted that an unreasonable delay in responding to a request for consent, ... The landlord may offer a buy-out deal to the tenant. Found inside – Page 61Leases The landlord may have to consent to sale , alteration and / or change of ... The landlord cannot unreasonably withhold consent or impose unreasonable ... Found inside – Page 85first negotiation was with a landlord. He was a high school principal in East Lansing, Michigan, and he had rented his house, a comfortable two-story ... Found inside – Page 248By contrast, it has been held unreasonable to refuse consent on the ground that a ... Thus: ○ The landlord must respond to the tenant's request for consent ... Found insideThus an application delayed on an unreasonable basis (eg tenant's refusal to give an open-ended commitment to pay the landlord's costs of dealing with the ... Found inside – Page 9... from an obstinate or unreasonable landlord (see 4.94). tenants' legal REMEDIES 1.32 In recent years, the courts and legislatures have begun to respond, ... Found inside – Page 138If the standard had been reasonable consent, a court would have held Landlord to be unreasonable, not because ... not the possibility that the Landlord would unilaterally demand that the Lease be amended, reneging on the deal he had ... Found inside – Page 222The consent of the mesne landlord must not be unreasonably withheld , although reasonable conditions may be attached to the consent ( Sched 6 , para 4 of ... Found inside – Page 157A renewal clause allows the landlord to keep tenants with a built-in escalation ... it was not unreasonable to require the tenant to notify the landlord in ... Found inside – Page 5922 See, for example, PF Smith The Law of Landlord and Tenant (6th edn) 2002. ... to respond within a reasonable time or unreasonably refused consent can go ... Found insideIf the tenant does apply for consent and the landlord unreasonably withholds his ... and the dealing will not constitute a breach of covenant by the tenant. Found inside – Page 15By Gary Goldman T or too long landlords and tenants T have viewed lease negotiations and especially landlord ... Landlords can save deals that otherwise would collapse because of a landlord ' s insistence on unreasonable terms or ... Found inside – Page 98However, on the principles set out in International Drilling Fluids, it may be unreasonable for the landlord to refuse consent in certain situations where ... Found insideThe landlord's unreasonably withholding his consent to an assignment or subletting relieves the tenant of his covenant to secure such consent , and he then has the right to deal with his property as he would if no license were required , but it is ... Found inside – Page 12311.8.3 Landlord and Tenant Act 1988 In any but an absolute covenant, the landlord must not unreasonably withhold consent to an application for some form of ... Found inside – Page 562Strategy: A landlord may not unreasonably refuse permission to assign a lease. Was the city's refusal unreasonable? (See the “Result” at the end of this ... Found inside – Page 103When considering the issue of consent, you must take into account the following points: • A landlord must not unreasonably withhold consent: s 19(1)(a) ... Found inside – Page 46If the rent is current and the tenant notifies the landlord of an intended ... by intentional act or a subsequent or continued unreasonable disturbance . Found inside – Page 74Very few of what I call the unreasonable landlords have ever let ... who have decided a guaranteed rent from me is better than dealing with agents. Found inside – Page 15410.6.2 10.6.3 What is or is not 'unreasonable' will depend upon the ... The real question is whether the landlord is unreasonably withholding its consent ... Found insideThe judge held that the landlord's refusal to give consent to the assignment had been unreasonable. The landlord appealed unsuccessfully. Found insideWhere the restriction is qualified, the Landlord and Tenant Act 1927 provides that the consent of the landlord is not to be withheld unreasonably. Found inside – Page 576However, it would be churlish of a tenant to complain that the landlord had acted too swiftly.42 The landlord must not behave unreasonably when withholding ... Found inside – Page 408This means that however irrational the landlord's decision that the lease should not be assigned or sublet, the tenant cannot argue. Found inside – Page 732... the landlord to respond in writing,99 this was the first relevant communication and by the time it was received the delay was already unreasonable. Found inside – Page 35... duty on landlord – Whether landlord unreasonably refused consent to assignment – Whether landlord in breach of statutory duty to respond to application ... Found insideAllowing a landlord to unreasonably refuse consent violates the public policy ... there is a duty of good faith and fair dealing inherent in every contract. Found inside – Page 2004... for giving or withholding consent, the landlord's consent may be unreasonably withheld. Remedies subject to lease provisions and applicable defenses. Found inside – Page 18Otherwise, the tenant faces the risk that the landlord may request one piece ... of a landlord that pays a great deal of attention and acts unreasonably or ... Found inside – Page 2001The meaning of “unreasonably withheld" under subdivision (a) is a question of fact ... Whether the landlord's consent has been unreasonably withheld in a ... Answers legal questions of concern to tenants and explains how to deal with a landlord who is acting unfairly Found insideSuppose a landlord tries to evict you and claims property damage, ... tenants – because they are renting – frequently don't treat the property as well as ... Found inside – Page 621( h ) Thus , if two or three oxen be taken for twelve pence , it is unreasonable . So if the landlord distrain a horse or an ox for a small sum , when he ... Found insidelandlord to withhold consent where an assignee proposed to use the ... refusal of consent on this ground alone would be unreasonable (although the court did ... Found inside – Page 74Broadly speaking , the policies favor landlord rights over those of tenants . ... for tenants to respond or defend themselves when landlords may be unfair . Found inside – Page 279The question of when it is reasonable for a landlord to refuse consent is discussed below, but the effect of an unreasonable refusal is the removal of the ... Found inside – Page 116... landlords include protective provisions in the lease (upholding investment value, management reasons); how to deal with an unreasonable landlord; ... Found inside – Page 5If a landlord was found by the court to have acted unreasonably, the tenant's ... in advance,23 but the handling of these transactions has undoubtedly been. Found insideAssignment of Lease; Unreasonably Withholding Consent Where a lease forbids any sublease or assignment without the consent of the landlord, the landlord ... Found inside – Page 198Landlords cannot be forced to accept a poor quality tenant but, on the other hand, they must not act unreasonably. It is always better to deal with ... Found inside – Page 75If the tenant feels that consent has been unreasonably withheld, ... formal lease will usually deal specifically with requirements to insure the buildings. Found inside – Page 278A growing number of jurisdictions oblige the landlord to have a ... without the landlord's consent, holding such consent shall not be unreasonably withheld ... Found insideRptr. 816 (1989) (not necessarily unreasonable for landlord to refuse to consent to sublease where subtenant would compete with landlord's store in same ... Found inside – Page 630( 3 ) Whether H and I had shown that the refusal to go to mediation in each of their cases was unreasonable . ... LANDLORD & TENANT Sale of goods - Contracts - Hire purchase Leases - Landlords - Tenants - Security of - Dealing as consumer ... Found insideThis means that the tenant can apply to a county court for a “declaration' that landlord's consent has been unreasonably withheld — or unreasonably delayed ... Found insideIf the landlord unreasonably withholds consent, the tenant may sublet in accordance with the request and may recover the costs of the proceeding and ... Found inside – Page 285A capital expenditure may be attacked by tenants on the basis that the expenditure was unreasonable. A landlord may respond to such an attack by demonstrating that the expenditure falls within one of the categories of expenditures listed in ...
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