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Leases: Covenants and Consents

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Management number 201913274 Release Date 2025/10/08 List Price $79.76 Model Number 201913274
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This book provides practical and legal clarity on landlords consent, covering valid requests, refusals, and perils. It has been updated to reflect recent changes in the law.

Format: Hardback
Length: 432 pages
Publication date: 23 February 2023
Publisher: Bloomsbury Publishing PLC


Landlords consent is a crucial aspect of the landlord-tenant relationship, and this book provides practical and legal clarity on all questions concerning it. It covers a wide range of topics, including what constitutes a valid and effective request for consent, when a tenant can impose its desire for change on a reluctant landlord, and what constitutes a reasonable as opposed to an unreasonable refusal of consent. The book also explores the perils of calling it wrong, both for the landlord and the tenant.

Since the last edition of this book in 2008, the law relating to landlords consent has evolved considerably. The purpose of this new edition is to bring that evolution into the much-loved analysis that have made practitioners say that previous editions have been that rare beast: a book about law that is actually enjoyable to read and which allows the practitioner and student clearly to see the wood for the trees.

One of the key changes in the law is the introduction of the Housing Act 2004, which has significantly altered the rights and responsibilities of landlords and tenants. The Act has introduced a number of new rights for tenants, including the right to request consent for certain changes to the property, the right to have the property maintained in a good state of repair, and the right to have the property returned in a good state of repair at the end of the tenancy.

The Act has also introduced a number of new obligations for landlords, including the obligation to provide a written notice of the proposed changes to the tenant, the obligation to respond to the tenant's request for consent within a reasonable time, and the obligation to comply with any conditions that are imposed on the consent.

Another important change in the law is the introduction of the Landlord and Tenant Act 1985, which has provided a framework for the resolution of disputes between landlords and tenants. The Act has introduced a number of new remedies for tenants, including the right to apply to the court for an order requiring the landlord to comply with the terms of the lease, the right to apply to the court for an order requiring the landlord to pay compensation for any damage caused by the landlord's breach of the lease, and the right to apply to the court for an order requiring the landlord to vacate the property.

The book also provides a detailed analysis of the different types of consent that can be given by landlords, including consent to make alterations to the property, consent to assign the lease, and consent to sublet the property. It also discusses the different types of refusals of consent that can be made by landlords, including refusals based on financial considerations, refusals based on the nature of the proposed changes, and refusals based on the tenant's conduct.

In addition to the legal analysis, the book also provides practical advice on how to handle landlord-tenant disputes. It includes a number of case studies and examples to illustrate the different types of disputes that can arise, and it provides tips on how to negotiate with landlords and tenants to reach a mutually satisfactory resolution.

One of the key challenges that landlords and tenants face in the landlord-tenant relationship is the issue of consent. Landlords may be reluctant to give consent to changes that they believe will negatively impact the property or the rental income, while tenants may be reluctant to give consent to changes that they believe will improve the property or the rental income. This can lead to a lot of tension and conflict between the parties, and it can be difficult to resolve these disputes without the help of a lawyer.

The book provides a number of strategies for resolving landlord-tenant disputes, including mediation, arbitration, and litigation. It explains the benefits and drawbacks of each of these strategies, and it provides tips on how to choose the right strategy for your particular situation.

In conclusion, this unique book provides practical and legal clarity on all questions concerning landlords consent, such as what constitutes a valid and effective request for consent, when a tenant can impose its desire for change on a reluctant landlord, and what constitutes a reasonable as opposed to an unreasonable refusal of consent. The book has been updated to reflect the changes in the law since the last edition in 2008, and it provides a detailed analysis of the different types of consent that can be given by landlords, as well as the different types of refusals of consent that can be made by landlords. The book also provides practical advice on how to handle landlord-tenant disputes, and it includes a number of case studies and examples to illustrate the different types of disputes that can arise. Whether you are a landlord or a tenant, this book is an essential resource for anyone who wants to understand the law relating to landlords consent.

Weight: 501g
Dimension: 244 x 169 (mm)
ISBN-13: 9781509937240
Edition number: 3 ed


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