Licence to assign

[redmonaco]

Hi

I have 3 years left of a 14 year lease. I have no rent arrears. Back in November last year I agreed to sell the remainder of my lease to the tenant next door to me (same landlord). They have also been a tenant for a number of years and have no rent or other problems.

My problem is that I (or my Solicitor) is getting nowhere with the landlords solicitors.

Time scale

21/11/05 My Solicitor wrote to landlords solicitors with detials of new tenant and asking for licence to assign
17/1/06 Second letter for licence to assign as no reply yet from landlords solicitor
19/1/06 Reply from Landlords solictors asking for an undertaking that i would pay thier and the managing agents fees in connection with licence to assign
7/2/06 My solictor wrote to confirm that i had made the nececcary (wish I could spell...)undertaking
21/2/06 another request for licence to assign as no reply to previous letter yet
22/2/06 landlords solictor replies saying "we do not have instruction to proceed with licence to assign..."!!??
23/2/06 My solictor wrote saying we have been asking for licence to assign since 21/11/05
9/3/06 My solicitor phoned landlords solictor for a reply to last and previous letters. Was told no one available despite being a reasonbaly large firm of solictors.

I know that we all want things done asap but am i being unreasonable in thinking that things are just taking to long? But what is my recourse? Meanwhile I am having to pay rent on an empty unit (as I would have thought that 6 weeks would do it...help!!:confused:

[yeahbutno]

Have you tried simply ringing the Landlord?

[redmonaco]

Have you tried simply ringing the Landlord?

Yes.
I ring the landlord (large company) and they refer me to the managing agent. The managing agent (another large company)tells me to get my solicitor to write to the landlords solicitor. Re: the landlords solicitor please see my original post...

[Editor]

Landlords have a statutory duty (1988 Landlord and Tenant Act) to give a licence to assign without unreasonable delay unless it is reasonable not to do so, for example where the assignee cannot provide a satisfactory credit record etc.
Breach of this obligation leaves the landlord open to awards of punitive damages if a breach has occured - awards have been considerable where the landlord has delayed the process and the deal has fallen through.
See:
Design Progression Ltd -v- Thurloe Properties Ltd
Mount Eden Land Ltd -v- Folia Ltd & Prohibition London Ltd

[redmonaco]

Thanks for your help Ed

I wonder what would be deemed a 'reasonable' timescale?

[yeahbutno]

That would presumably be tested by case law, but I'd say as a layman that your landlord and their solicitor are definately delaying "unreasonably".

A threat of legal action to recover the losses they have caused might make them pull their fingers out! :D

[propman2]

I wonder, does the prospective assignee wish to knock through to trade the two lettings as one unit?

If so the landlord would more than likely be able to reject the works required anyway so it would be a non starter.

May be worth, on the basis you are not trading and that rent rates is a net outgoing, you putting the unit on the market for prospective other takers rather than letting this drift along with a possible nil outcome