Assignment of lease between lessees as joint tenants-is lessor’s consent required?

Duncan, William D. (2012) Assignment of lease between lessees as joint tenants-is lessor’s consent required? Australian Property Law Bulletin, 26(9), pp. 128-129.

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Abstract

The decision of Lockrey v Historic Houses Trust of New South Wales [2012] NSWSC 654 raises an interesting issue about the necessity of seeking the consent of the lessor where there is an assignment of a lease between joint tenants who already hold the lease when one joint tenant sells the business operated on the leased premises to the other joint tenant. A secondary issue raised by the proceedings concerns whether the lessor’s consent was unreasonably withheld under the processes under Retail Leases Act 1994 (NSW) (“the Act”) upon the grounds of lack of provision of information as to the remaining lessee’s financial standing.

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ID Code: 56783
Item Type: Journal Article
Refereed: No
Keywords: Assignment of lease , joint tenants, reasonable withholding of consent
ISSN: 0817-2854
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2012 Lexis Nexis Butterworths
Deposited On: 01 Feb 2013 03:06
Last Modified: 13 Feb 2013 23:34

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