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Where a tenant needs the landlord's consent to sublet, that consent must not be unreasonably withheld

A worked RES examination question on assignment sublet and reversion, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 7Assignment sublet and reversionFree — no sign-up

The question

A tenant of an office finds he no longer needs all the space and asks the landlord's consent to sublet part of it to a respectable, financially sound business on the same terms. The landlord, who simply dislikes the idea of anyone else in the building, refuses outright, giving no real reason.

Which statement is correct?

  1. A. The tenant may sublet freely without asking, consent to a sound subtenant being automatic.
  2. B. The landlord may refuse for any reason or none, subletting always being in his gift.
  3. C. The landlord may not unreasonably withhold consent, and a bare dislike is not a good reason.
  4. D. The landlord may refuse, a tenant having no right to sublet any part of the premises at all.

The answer, and why

Answer: C

The rule. Where a tenant needs the landlord's consent to sublet, that consent must not be unreasonably withheld. A refusal must rest on a proper reason connected to the letting; mere personal dislike is not enough.

Why C is correct. The proposed subtenant is respectable and sound and the terms unchanged; the landlord's bare dislike of anyone else in the building is not a good reason, and consent may not be unreasonably withheld.

The other options.

  • B lets him refuse for any reason. Consent must not be unreasonably withheld.
  • A lets the tenant sublet without asking. Consent is still required; it simply may not be unreasonably refused.
  • D denies any right to sublet. The tenant may sublet with consent, which here may not be refused.

Exam note. Consent to sublet may not be unreasonably withheld. A reason tied to the letting is needed; dislike is not one.

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