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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11123
Experience:  30 years as a practising solicitor.
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What can I do about a unreasonable landlord who will not assign

Resolved Question:

What can I do about a unreasonable landlord who will not assign a lease.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Why has the landlord refused to consent to the assignation?
Customer: replied 1 year ago.
She is just holding it up for a small repair that we have offered to fix or pay on.exit. Her solicitor and her are ignoring everyone
Expert:  JGM replied 1 year ago.
A standard assignation would not be signed by a landlord unless all conditions of the lease have been met by the outgoing tenant. Were you to take this to court, which would be the usual remedy in a refusal of consent situation, the court would tell you to do the repair and then apply for the consent.
Customer: replied 1 year ago.
She is refusing to let us carry out the repair she says she wants to charge us but she will not give us estimate or say how much no they are ignoring both solicitors ours and the new buyers
Expert:  JGM replied 1 year ago.
What does your lease say? Most FRI leases provide for the tenant to keep the property is a good state of repair so she wouldn't be able to prevent you carrying out the repair. If she is at it then just apply to the court for a declarator that she is being reasonable and that you seek to assign. Your solicitor should know what to do.
Customer: replied 1 year ago.
She is clearly at it either trying to lose the buyer or trying to rip us off with the repair trying to get more money off us as we are happy to do the repair with a reputable joiner but she is trying to stop us
Customer: replied 1 year ago.
She has done this in the past with a verbal price. Also past tenants have had to pay up cash sums on exit to get out. If we lose the buyer can we go to court for compensation on the sale price
Expert:  JGM replied 1 year ago.
In the contact of a breach of contract action, yes, and perhaps that should be made clear to her, that if you lose the tenant because of an unreasonable refusal you will sue for your losses. Landlords are good at wielding what they think is a big stick and often forget that they have a contract that they have to comply with. Assuming your lease says that she can't withhold consent unreasonably then you would appear to have a case to challenge her.
Customer: replied 1 year ago.
Thank you for your help
Expert:  JGM replied 1 year ago.
You're welcome. Don't forget to leave a positive rating so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
One more question this landlady has said we must pay 1849. To replace with new pvc windows as they are so rotten. 6 years we have been here it's impossible that these windows have gone like this in such short space of time. This must be blackmail if we don't pay she won't hand over assignation.
Expert:  JGM replied 1 year ago.
What does the lease say about the condition that you accepted the premises in and the condition you have to leave them in. It's also worth noting that dilapidations may not come into the equation at all in an assignation situation as the incoming tenant will take on the premises on the same terms and conditions as you. For that reason the provisions of the written lease are important.