Remember Me
forgot your password?

Landlords Should Choose Their Words Carefully

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.

Daniel Butler

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.

Rate this Article: 0 / 5 stars - 0 vote(s)
Print Email Re-Publish

Add new Comment



Captcha

  • Latest Regulatory Compliance Articles
  • More from Daniel Butler

Small Claims Court

By: junaidahmad1 | 25/11/2009
Johnny B. Good entered the store with a photo of seven rolls of film for development. "I want my honeymoon photos developed as soon as possible. We were in Italy, and I took the most amazing pictures in my life," he said. "No problem, replied the clerk at the photo shop." We will have them ready by the end of the day, "she said. After work, Johnny returned to the photo store to claim his developed pictures." Wow, you're sure you bring them?

MLM Secret You Should Know

By: Terry Wg | 24/11/2009
MLM success is within your reach if you just know the ins and out of MLM network marketing.

Real Estate Laws in Louisiana: What You Should Know as a Property Owner

By: Andre Savoie | 24/11/2009
One of the many unique attributes of the state of Louisiana is our legal code. Unlike the rest of the states in America, the laws in Louisiana are based on the French civil code, also referred to as the French Napoleonic code. Read more about how this may impact you if you own or are considering buying real estate in the state.

Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?

By: marryzalaa | 11/11/2009
Recent 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

Does Your Bankruptcy Law Firm Need Both Attorneys And Accountants?

By: simon | 06/11/2009
Recent 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 | 05/11/2009
Why 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 | 24/10/2009
The 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 | 18/10/2009
Does 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

Festive fun by the canals and rivers

By: Daniel Butler | 23/11/2009 | Cruising
The most magical time of the year is fast approaching, so avoid the urge to spend your Christmas hibernating indoors and head towards your local waterway to see all the fun that's on offer.

The secrets and wonders of an anti aging face

By: Daniel Butler | 20/11/2009 | Anti Aging
When you are constantly battling the signs of an aging face every day becomes more of a struggle, and every day that hole in your pocket gets bigger and bigger, throwing money away at anti aging face creams, cleansers, and moisturisers. When you have really given everything to look naturally younger and have gone as far as changing your lifestyle completely, the question is “do these anti aging face products and change in lifestyle really help in the anti aging process?”

Reducing the intrusion of your indoor garden on your indoor life

By: Daniel Butler | 14/10/2009 | Gardening
Indoor 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 | Organizational
British 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 | Camping
Our 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, Local
A 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 | Holidays
The National Waterways Museum is pleased to announce the appointment of John Inch as General Manager of the National Waterways Museum Ellesmere Port.

Submit Your Articles Free: Signup
Article Categories




Use of this web site constitutes acceptance of the Terms Of Use and Privacy Policy | User published content is licensed under a Creative Commons License.
Copyright © 2005-2008 Free Articles by ArticlesBase.com, All rights reserved. (0.26, 6, w2)