Matania v National Provincial Bank Limited [1936]

In 1925 the whole of certain premises were demised to defendant bank with a restriction against alteration without the consent of the lessor. In 1933 the bank demised the second and third floors of the premises to plaintiff with the usual covenant for quiet enjoyment and to perform and observe the covenants in the head lease. In 1934 defendants, the Elevenist Syndicate, wished to take the first floor of the building and for this purpose extensive alterations were necessary.

The bank obtained the consent of the head lessor to the alterations subject to the consent being obtained of all the sub-lessees, and the bank subsequently gave a similar consent subject to the same terms and conditions. Plaintiff's consent was never obtained. The Elevenist…