28 Sept 2021
THE WALLACE & YORK PARTNERSHIP v RSG CONSULTANTS LIMITED [2021] NZHC 2548 [28 September 2021]
- Citation
- [2021] NZHC 2548
- Court
- High Court
Clause 23.2 imposes two separate obligations on the purchaser when the vendor underwrites rent: (1) not to unreasonably withhold consent to a replacement tenant or the terms and conditions of a replacement tenancy; and (2) to be agreeable if necessary to extending the lease term. No sufficient legally grounded proposal for a replacement tenancy was made on the correct legal basis and no terms and conditions or clear rental figure were presented, so the Partnership did not withhold consent; in any event any withholding would have been reasonable. RSG was not entitled to cease payments and is l…