Events

The search for reason Covenants and consents

Covenants between landlord and tenant or between freehold owners which prohibit one party from doing something without the consent of another will usually require the consenting party not to withhold consent arbitrarily or unreasonably. A proviso that consent cannot be unreasonably withheld is sometimes included expressly or as between landlord and tenant might be implied by the Landlord and Tenant Act 1927. In relation to alienation covenants in leases, additional measures are contained in the Landlord and Tenant Act 1988 to protect tenants who are reliant on their landlord to act reasonably. In this talk, Julie Gattegno and Adam Rosenthal KC will consider: (1) how eective the machinery is in relation to landlord and tenant covenants which depend on the consent of the landlord, (2) whether the approach which the Courts take to assessing the reasonableness of the exercise of the power to give or withhold consent is suciently principled and provides appropriate protection for the covenanting party and (3) whether principles which derive from the decision in Braganza v BP Shipping Ltd [2015] UKSC 17 have any role to play in the assessment of the reasonableness of a decision to withhold consent.

For full details of the Lectures, Lecturers and booking form visit the website at blundell-lectures.org