Applications to assign - How the court says they should be dealt with

In the majority of  lettings, a lease may not be assigned without the prior consent of the landlord. Where this is the case, the Landlord and Tenant Act 1988 imposes a statutory duty on the landlord to respond to the tenant’s application in writing within a reasonable time, and to give consent unless it is reasonable not to. The landlord’s response must specify whether consent is given, and any conditions to be placed on that consent. In the event that consent is withheld, the response must set out the reasons for this.

In view of the potentially serious consequences for a landlord if it fails to respond properly, a tenant’s application for consent must follow the formal procedure set down in the 1988 Act.  The tenant’s application must be made in writing and must be served on the landlord in the manner provided for in the lease. Where the lease does not specify how notices or applications should be served, an application must be served in accordance with section 23 of the Landlord and Tenant Act 1927.

Charlotte Ross looks at a recent case and considers its implications.

Applications to assign - how the court says they should be dealt with.pdf