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WITHOLDING CONSENT TO ASSIGN: WHAT IS REASONABLE?

Following the decision of the High Court in No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch), it seems clear that a request for a bank reference for the intended assignee is reasonable, even if many landlords have ceased insisting on such references. Henderson J also considered that an insistence on an inspection of each apartment in question by a surveyor was also reasonable, but that the fee of £1,250.00+VAT as administration charge (on top of £350+VAT for inspection by the surveyor) was unreasonable. Henderson J did not interfere with the first instance finding that £350.00+VAT was reasonable as a fee for the assignments.

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