Effect of S19(1)(a) of Landlord and Tenant Act 1927
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Section 19(1)(a) of the Landlord and Tenant Act 1927 has an effect on the rights of a tenant to assign their lease or sublet the leased premises. Specifically, this provision restricts the landlord's ability to unreasonably withhold consent to the assignment or subletting of a lease.
The main effect of Section 19(1)(a) is that if a tenant wishes to assign their lease or sublet the premises, the landlord cannot unreasonably withhold their consent. The provision requires the landlord to act reasonably in deciding whether to grant or withhold consent. It places a duty on the landlord to consider the request in good faith and not to use unreasonable grounds to refuse consent.
If the landlord unreasonably withholds consent, the tenant may seek relief from the court. The court has the power to grant an order overriding the landlord's refusal and allowing the assignment or subletting to proceed. However, it is important to note that the court will consider all relevant circumstances when determining reasonableness, including the terms of the lease, the suitability of the proposed assignee or subtenant, and any legitimate concerns or objections raised by the landlord.
Section 19(1)(a) is aimed at striking a balance between the interests of the tenant, who may wish to assign or sublet their lease for various reasons, and the interests of the landlord, who may have legitimate concerns regarding the proposed assignee or subtenant. It provides a mechanism to prevent landlords from unreasonably blocking tenants' attempts to assign or sublet their leases, while still allowing landlords to protect their legitimate interests.
The main effect of Section 19(1)(a) is that if a tenant wishes to assign their lease or sublet the premises, the landlord cannot unreasonably withhold their consent. The provision requires the landlord to act reasonably in deciding whether to grant or withhold consent. It places a duty on the landlord to consider the request in good faith and not to use unreasonable grounds to refuse consent.
If the landlord unreasonably withholds consent, the tenant may seek relief from the court. The court has the power to grant an order overriding the landlord's refusal and allowing the assignment or subletting to proceed. However, it is important to note that the court will consider all relevant circumstances when determining reasonableness, including the terms of the lease, the suitability of the proposed assignee or subtenant, and any legitimate concerns or objections raised by the landlord.
Section 19(1)(a) is aimed at striking a balance between the interests of the tenant, who may wish to assign or sublet their lease for various reasons, and the interests of the landlord, who may have legitimate concerns regarding the proposed assignee or subtenant. It provides a mechanism to prevent landlords from unreasonably blocking tenants' attempts to assign or sublet their leases, while still allowing landlords to protect their legitimate interests.
