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What if the landlord was going to be breaking a planning condition, if he terminated the lease (or refused consent to an assignment thus forcing us to terminate the lease when we move home), would that make any difference? The garages were originally constructed by the former owner, at the request of the local planning authority, to alleviate on street parking issues on the road adjacent to the site. The consent shows the garages are to be let to adjacent residents.
Last and final question on this. I thought the Landlord & Tenant Act 1988 adds an implied covenant to leases which states that landlords consent to assignments cannot be unreasonably withheld. Could this not be used? The landlord already has two empty garages which he could let to those on the waiting list and still grant an assignment on the garage we use.