This case shows how a landlord consent issue can become the bottleneck in a business sale. Watski had a buyer, a renewed lease, a lender and a sale agreement. What it did not have was an engaged landlord willing to sign the transfer and mortgage consent documents.
The Court treated the evidence practically. Camp Crusty was an established caravan park operator. It had support from a reputable lender. The lease itself said consent to a mortgage or charge was not to be unreasonably withheld or delayed, and the Conveyancing Act also protects tenants against unreasonable refusal of consent to assignment. Roughstone's silence and lack of any proper basis for refusal mattered.
For business owners, the lesson is to plan lease transfer work at the same time as the sale contract. Do not leave landlord consent to the week before settlement. A good sale file should include the lease clauses, buyer profile, financial capacity, lender requirements, draft deed of covenant, consent requests and a clean timeline showing whether the landlord engaged.