Mahmood v Lola & Anor [2001] EWCA Civ 483 (30 April 2001)

Mahmood v Lola & Anor [2001] EWCA Civ 483 (30 April 2001)

The submission of a draft licence to assign by the landlord's solicitors did not constitute the granting of a licence to assign, as the landlord's consent was conditional upon execution of the licence and agreement by the assignee. No binding agreement was reached between the landlord and Mr Lola, and thus the contractual conditions for assignment and release of funds were not satisfied.

Citation
[2001] EWCA Civ 483
Parties
Claimant/applicant: Shahbaz Mahmood; Defendant/respondent: Gurminder Singh Lola; Part 20 Claimant/respondent: Gurminder Singh Lola; Part 20 Defendant/applicant: MH Banharally & Co
Jurisdiction
England and Wales
Judgment Date
30 April 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Landlord and Tenant, Assignment of Lease, Licence to Assign, Contractual Conditions, Rescission
Property Law Contract Law Landlord and Tenant Assignment of Lease Licence to Assign Contractual Conditions Rescission

Case Brief

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Parties

Shahbaz Mahmood

Claimant/applicant

Gurminder Singh Lola

Defendant/respondent

Gurminder Singh Lola

Part 20 Claimant/respondent

MH Banharally & Co

Part 20 Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the landlord gave a valid licence to assign the lease from Mr Mahmood to Mr Lola
  2. 2 Whether the submission of a draft licence to assign constituted landlord's consent under the contract
  3. 3 Whether the conditions precedent for release of funds and completion were satisfied

Ratio Decidendi

The submission of a draft licence to assign by the landlord's solicitors did not constitute the granting of a licence to assign, as the landlord's consent was conditional upon execution of the licence and agreement by the assignee. No binding agreement was reached between the landlord and Mr Lola, and thus the contractual conditions for assignment and release of funds were not satisfied.

Court Disposition

Permission to appeal refused

Orders

  • Applications for permission to appeal refused