You act for White and Blue Limited (“WB”), which is the tenant of Apache House, Hoe Street, London (“Apache House”). Five years ago Apache House was leased to WB for a term of ten years.
(a) It is May 2020 and as a result of some financial problems, WB plans to move to smaller premises and wants to assign the remainder of the lease to Painter Limited (“Painter”) as soon as possible. WB is, however, concerned about its landlord delaying the assignment.
The assignment provision from the lease of Apache House is attached as Document 1A.
Read Document 1A and advise White and Blue whether:
· it can assign Apache House to Painter and why;
· if an assignment is possible, the assignment will be subject to any conditions; and
· if the assignment is possible, are there circumstances in which the landlord may withhold consent to the assignment?
Advise White and Blue on its concerns about the landlord causing a delay.
(b) Assume that the assignment to Painter did not take place and that WB is still the tenant of Apache House. A dispute has now arisen between WB and its landlord about some damp patches that have appeared in the back wall of Apache House. The landlord’s surveyor has reported that the damp patches are a result of WB’sfailure to repair the plaster coating on the outside face of the wall. The landlord has told WB that it does not want to terminate the lease, but it needs to ensure that the premises are made watertight again before further damage occurs.
Document 1B is an extract from the lease of Apache House.
Advise White and Blue as to the action the landlord may take in respect of its breach of the repair covenant in the lease, bearing in mind that the landlord does not want to terminate the lease.
Type of service-Academic paper writing
Type of assignment-Coursework
Pages / words-4 / 1000
Language style-UK English