Victory Place Management Company Ltd v Kuehn & Anor [2018] EWHC 132 (Ch) (30 January 2018)

Victory Place Management Company Ltd v Kuehn & Anor [2018] EWHC 132 (Ch) (30 January 2018)

The management company's refusal to grant consent to keep a dog, based on a 'no pets' policy that allowed for exceptions in special circumstances, did not amount to an illegitimate predetermination or breach of the implied obligation to act reasonably; the process was fair and the appellants failed to provide evidence of special circumstances.

Citation
[2018] EWHC 132 (Ch)
Parties
Claimant/respondent: Victory Place Management Company Limited; Defendant/appellant: Florian Gunter Kuehn; Defendant/appellant: Gabrielle Maria Kuehn
Jurisdiction
England and Wales
Judgment Date
30 January 2018
Procedural Posture
Appeal / Judgment on Appeal From County Court at Central London
Outcome
Appeal dismissed
Legal Topics
Implied Terms in Leases, Reasonableness of Consent, Covenants Restricting Pets, Decision Making by Management Companies, Judicial Review Principles in Private Law
Property Law Landlord and Tenant Implied Terms in Leases Reasonableness of Consent Covenants Restricting Pets Decision Making by Management Companies Judicial Review Principles in Private Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Victory Place Management Company Limited

Claimant/respondent

Florian Gunter Kuehn

Defendant/appellant

Gabrielle Maria Kuehn

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From County Court at Central London

Legal Issues

  1. 1 Whether the management company breached its implied obligation to deal reasonably with a request for consent to keep a dog under a lease covenant
  2. 2 Whether the company's 'no pets' policy constituted an illegitimate predetermination or a legitimate predisposition

Ratio Decidendi

The management company's refusal to grant consent to keep a dog, based on a 'no pets' policy that allowed for exceptions in special circumstances, did not amount to an illegitimate predetermination or breach of the implied obligation to act reasonably; the process was fair and the appellants failed to provide evidence of special circumstances.

Court Disposition

Appeal dismissed

Orders

  • Appellants to remove the dog from the property within 28 days unless further appeal steps taken
  • Appellants to pay respondent's costs, with £20,000 payable on account within 14 days