London College of Business Ltd v Tareem Ltd & Anor [2018] EWHC 437 (Ch) (07 March 2018)

London College of Business Ltd v Tareem Ltd & Anor [2018] EWHC 437 (Ch) (07 March 2018)

The 2012 Agreement, despite its label as a licence, conferred exclusive possession and thus created a tenancy protected by the Landlord and Tenant Act 1954. Tareem's re-entry was unlawful as no valid notice was given under the agreement for forfeiture. The College is entitled to damages for wrongful exclusion, but only to the extent of direct loss, disruption, limited reputational harm, and a modest sum for potential lost students, not the substantial sums claimed.

Citation
[2018] EWHC 437 (Ch)
Parties
Claimant: London College of Business Limited; First Defendant: Tareem Limited; Second Defendant: Montague Management Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2018
Procedural Posture
Civil (business and Property Courts) / Judgment After Trial
Outcome
Judgment for the claimant in part
Legal Topics
Business Tenancies, Exclusive Possession, Forfeiture, Damages for Wrongful Exclusion, Construction of Agreements, Service Charge Disputes
Landlord and Tenant Contract Law Property Law Business Tenancies Exclusive Possession Forfeiture Damages for Wrongful Exclusion Construction of Agreements +1 more

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Parties

London College of Business Limited

Claimant

Tareem Limited

First Defendant

Montague Management Limited

Second Defendant

Procedural Posture

Civil (business and Property Courts) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant's occupation was under a lease or a licence
  2. 2 Whether the first defendant's re-entry and exclusion of the claimant was lawful
  3. 3 Whether proper notice was given for forfeiture

Ratio Decidendi

The 2012 Agreement, despite its label as a licence, conferred exclusive possession and thus created a tenancy protected by the Landlord and Tenant Act 1954. Tareem's re-entry was unlawful as no valid notice was given under the agreement for forfeiture. The College is entitled to damages for wrongful exclusion, but only to the extent of direct loss, disruption, limited reputational harm, and a modest sum for potential lost students, not the substantial sums claimed.

Court Disposition

Judgment for the claimant in part

Orders

  • Declaration that the 2012 Agreement created a tenancy protected by the Landlord and Tenant Act 1954
  • Damages awarded to the claimant in the sum of £25,104 for wrongful exclusion