Catherine Wolstencroft part of the specialist Commercial Property Law team at Furley Page Solicitors help's to deal with landlord and tenant disputes, providing friendly and helpful advice.
If a tenant asks for your consent think twice before responding with phrases such as “in principle” and “subject to licence”.
The warning comes from Catherine Wolstencroft, associate and specialist in commercial property law at leading regional legal firm Furley Page, who explains: “Landlords should take care when dealing with any requests from tenants in order to avoid unintentionally giving consent when conditions remain to be fulfilled or formalities completed.”
An example of how easy it is for words to be taken the wrong way was highlighted in the Court of Appeal case between Aubergine Enterprises and Lakewood International back in 2002. The court ruled that letters sent to the tenant headed ‘subject to licence’ and containing conditions amounted to actual written consent.
Since then, agents and advisors have tried to avoid falling into the same trap by expressly stating that any correspondence with the tenant doesn’t constitute actual consent.
But the issue has raised its head again following the recent Chancery case of Alchemy Estates v Astor, says Catherine.
She comments: “A judge in the case made the point that even when coupled with the statement that ‘such consent will only be provided on the completion and delivery of a formal licence executed as a deed’, the wording wouldn’t avoid the inadvertent granting of consent where it was expressed to be subject only to reasonable conditions.
“Although this observation didn’t form part of the formal judgment in the case, it’s an indication of the way the court will approach such questions - and will undoubtedly encourage a tenant determined to press ahead with plans without a formal licence."
The Aubergine and Alchemy cases concerned applications for consent to assign but Catherine thinks it’s safe to assume that the principles would apply equally to other consents required under a lease – and possibly those which fall outside the normal terms, too.
- Related Videos
- Related Articles
- Ask / Related Q&A
- Is a Landlord Tenant Lawyer Worth Your Money and Time?
- Landlord Tenants Rights: Follow the Certain Guidelines and Lead a Stress Free Life
- Landlord Tenant Law In Plain English: "Abandonment And Surrender"
- Landlord Tenant Forms Aren't Just A Set Of Terms & Conditions
- Three Fundamental Rules to Good Landlord-Tenant Relationships
- Landlord Tenant Forms Are A Must For Any Dream Pad
- Landlord Tenant Disputes: How to avoid them
- Landlord Tenant Lease: Agreement to Lease
Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?
By: simon | 06/11/2009Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment
How To Earn Serious Income By Selling Your Photos Online
By: Andrew Edgington | 05/11/2009Why not get Dan Feildman's free report that reveals how easy it is to start up a Stock Photography Business, and how to make money selling your photos online
The Law Relating to Transfer of Shares
By: acicoinvestments.blogspot.com | 24/10/2009The stock market has become the backbone of many economies in the world. Unfortunately, those who are engaged in such markets know little or nothing.......
Does government regulation prove to cause more harm than good?
By: Lori Pritchard | 18/10/2009Does government regulation prove to cause more harm than good? This issue has been of great debate since Richard Nixon initiated a federal role in nursing home regulation during the early 1970s
Drug and Alcohol Testing Consortiums - What are they and why do we need them?
By: William Stone | 15/10/2009CDL truck drivers, Coast Guard charter boat captains, FAA members and others all must be in a drug and alcohol testing consortium. It is an inexpensive program used for keeping people safe in their workplaces. It provides for a random selection process for making sure a co-worker does not cause injury to someone else through abuse of illegal drugs or alcohol.
Important Changes to Reporting Under the Servicemembers Civil Relief Act (SCRA)
By: Roy L. Kaufmann | 15/10/2009The Servicemembers Civil Relief Act (50 U.S.C. Appx. 501) is the successor to the Soldiers’ and Sailors’ Relief Act. It offers protections for persons in active military service. The protections may include mandated 6% interest on some loans, and halting court judgments, evictions and foreclosures.
Zachary Christie – Too Young To Understand Suspension
By: Joseph Smith | 13/10/2009Cub scouting is one exciting and challenging experience any kid is looking forward to. Actually, you cannot fathom excitement on the faces of these future leaders when they actually are in the list to go out and camp. Six years old boy with the name Zachary Christie is one of these excited kids to join and be a Cub Scout himself but his preparation to be one turned out to be sour and to the disadvantage of this little boy.
MCA-21&INVESTORS;PROTECTION
By: DR.R.SRINIVASAN | 04/10/2009MCA21 (Ministry of corporate affairs-21st century) is a part of the government’s focus on governance reforms, which envisages a transition from traditional paper-based operation to a new paperless environment. This facilitates e-Filing, inspection of company documents and requisition of certified copies. This will be of a great help to the stakeholders as it would become easier for them to gather information about many companies and also enable the investor to protect their interests.
Reducing the intrusion of your indoor garden on your indoor life
By: Daniel Butler | 14/10/2009 | GardeningIndoor gardening is an increasingly popular hobby that allows green-fingered growers to continue producing their own fruit and veg all year round by growing under lights in a controlled environment.
Win £100 in the British Waterways wildlife photo competition
By: Daniel Butler | 06/10/2009 | OrganizationalBritish Waterways is calling on all keen photographers to get outside and capture an original image of a busy bumblebee by a canal or river.
Top tips for wildlife photographers
By: Daniel Butler | 15/09/2009 | CampingOur Wonderfully Wild Competitions ask for your best photos of bumblebees and wildlife in general. But how do you take a winning photo? Read on for our top tips.
New Measure To Help Deal With Debt Not An Easy Option
By: Daniel Butler | 24/08/2009 | National, State, LocalA new measure to help deal with debt – the Debt Relief Order – shouldn’t be regarded as an easy option, says debt recovery adviser Alex Hargrove.
Waterways museum welcomes new manager
By: Daniel Butler | 18/08/2009 | HolidaysThe National Waterways Museum is pleased to announce the appointment of John Inch as General Manager of the National Waterways Museum Ellesmere Port.
Top Tips For Avoiding Costly Landlord And Tenant Disputes
By: Daniel Butler | 17/08/2009 | National, State, LocalDisputes involving tenancy agreements can be onerous if you’re a landlord - and bring untold grief if you’re a tenant - so wise up on the do’s and don’ts if you want to avoid problems.
Why now is the time to get your investments back on track
By: Daniel Butler | 17/08/2009 | Personal FinanceIf your savings and investments have taken a dramatic nosedive in the last few months, take heart. With Capital Gains Tax no longer a problem for many – at least for the moment – now’s the time to get them back on track.
Tendeka Strengthens Team With Key Senior Appointments
By: Daniel Butler | 06/08/2009 | Human ResourcesTendeka, the completions technology provider, has strengthened its team with two key senior appointments.