Home Information Cases Olympia & York Canary Wharf Ltd v Oil Property Investments Ltd (1994)

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Olympia & York Canary Wharf Ltd v Oil Property Investments Ltd (1994)

Summary

Landlord's refusal to consent to assignment of a lease to a party intending to determine the lease held to be reasonable.

Facts

The tenant under a business lease containing a covenant not to assign without the landlord's consent not to be unreasonably withheld, assigned to a company which went into administration. When the administrators sought to assign the lease back to the tenant, the landlord refused his consent. Administrators' appeal against the decision that the refusal by the landlord was reasonable.

Held

The tenant alone had the right to determine the lease and his intention to determine the lease gave the landlord reasonable grounds for refusing consent to the assignment of the lease back to the tenant.

Appeal dismissed.

Court of Appeal
Sir Donald Nicholls VC, Leggatt LJ, Henry LJ
Judgment date
17 February 1994
References

(1995) 69 P & CR 43 : [1994] 2 EGLR 48 : [1994] 29 EG 121 : [1994] EG 36 (CS) : [1994] NPC 22

Practice areas