Which such consent shall not be unreasonably withheld?

Which such consent shall not be unreasonably withheld?

Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.

Can a tenant making alterations without permission?

Tenants must get consent before making changes to the property. Tenants can’t renovate, alter or add major fixtures to the property unless the landlord agrees. Any changes must either: the tenant must have the landlord’s written consent (the landlord can’t unreasonably withhold consent).

What is withhold consent?

1 tr to keep back; refrain from giving. he withheld his permission. 2 tr to hold back; restrain.

Can a landlord unreasonably withhold consent?

Generally, a landlord need only consider its own interests but, if there is such a disproportion between the benefit to the landlord and the detriment to the tenant in refusing consent, then it may be unreasonable to withhold consent (International Drilling Fluids).

What does unreasonably denied mean?

Unreasonably Refused means unreasonably withheld or delayed Provided always without limitation that where the subject matter has a materially adverse impact on the School Land or the development thereof or rights benefiting or to benefit the School Land the Developer and the County Council hereby agree that the County …

What is a qualified covenant?

A “qualified covenant” is a promise on behalf of the tenant not to do something without the landlord’s consent. A “fully qualified covenant” is a promise on behalf of the tenant not to do something without the landlord’s consent, not to be unreasonably withheld.

Can tenants make alterations to a property?

Most leases and rental agreements contain a provision that prevents a tenant from making improvements or alterations to a rental unit without getting the written consent of the landlord. If you make an improvement or alteration without consent, it generally becomes the property of the landlord if you leave.

What is considered an alteration in a lease?

Any alteration, improvements or additions (including decorations) to the Premises performed or to be performed by or on behalf of Tenant, including, without limitation, the Tenant’s Work, but excluding any of Landlord’s Work and Landlord’s Additional Work to be performed by or on behalf of Landlord hereunder.

Shall not be unreasonably withheld meaning?

Many legal documents, such as leases and contracts for deed, contain a transfer clause that states in effect that the property may be transferred only with the owner’s consent, “which consent shall not be unreasonably withheld.” There is no acceptable definition of what is unreasonable.

Can a joint freeholder refuse consent?

If the freeholder owns the external fabric they can almost certainly refuse you consent to alter it or charge you a fee if they do consent.

What is the difference between an absolute qualified fully qualified covenant?

What is the difference between an absolute, qualified and fully qualified covenant in a lease? An absolute covenant is an absolute bar/prohibition against doing something. A covenant not to assign the lease is an example of an absolute covenant. A qualified covenant requires the landlord’s consent.

What is an Authorised guarantee agreement?

What is an AGA? An AGA is an agreement which places an obligation on an outgoing tenant to guarantee the performance by the new tenant or “Assignee” of the tenant covenants contained in the lease.

Can a landlord withhold consent to make alterations to a property?

Once the qualified covenant has transformed into a fully qualified covenant, the landlord is under a duty not to unreasonably withhold consent to the alterations proposed. This applies to all covenants in respect of improvements. An ‘improvement’ at law is not expressly defined and therefore is interpreted from a tenant’s point of view.

Do you need consent for alterations to a building?

Sometimes the clause limits the need for consent to structural alterations, but in other cases it can require consent for any kind of alteration. Typically, such clauses state that consent for alterations is not to be unreasonably refused.

Can I remediate an unreasonable refusal of consent to alterations?

Remedying an unreasonable refusal is not straightforward in that it requires a leaseholder to apply to the County Court for a declaration that their landlord has unreasonably refused consent to alterations.

When is a landlord’s consent not unreasonable withheld?

If the lease contains a qualified condition, then the landlord’s consent is deemed not to be unreasonably withheld (s.19 (1) LTA 1927). If the lease contains a fully qualified covenant, then the landlord’s consent is not to be unreasonably withheld.