Go West Ltd. v Spigarolo & Anor [2003] EWCA Civ 17 (31 January 2003)

Go West Ltd. v Spigarolo & Anor [2003] EWCA Civ 17 (31 January 2003)

The landlord's refusal of consent by letter on 30 May 2001, which was found to be unreasonable, constituted a breach of statutory duty under section 1(3) of the Landlord and Tenant Act 1988. Serving the written notice brought the reasonable time to an end, and the landlord could not rely on reasons not stated in that notice. Subsequent correspondence did not amount to a waiver, estoppel, or renewed application by the tenant. The tenant was entitled to a declaration and damages for breach of statutory duty.

Citation
[2003] EWCA Civ 17
Parties
Appellant (claimant): Go West Limited; Respondent (defendant): Armando Spigarolo; Respondent (defendant): Graziella Spigarolo
Jurisdiction
England and Wales
Judgment Date
31 January 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Landlord's Consent to Assignment, Breach of Statutory Duty, Landlord and Tenant Act 1988, Reasonableness of Withholding Consent, Waiver and Estoppel, Written Notice Requirements
Landlord and Tenant Property Law Civil Procedure Landlord's Consent to Assignment Breach of Statutory Duty Landlord and Tenant Act 1988 Reasonableness of Withholding Consent Waiver and Estoppel +1 more

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Parties

Go West Limited

Appellant (claimant)

Armando Spigarolo

Respondent (defendant)

Graziella Spigarolo

Respondent (defendant)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the landlord's refusal of consent by letter on 30 May 2001 constituted a breach of statutory duty under section 1(3) of the Landlord and Tenant Act 1988
  2. 2 Whether subsequent correspondence amounted to a continuing or renewed application for consent or a waiver/estoppel by the tenant
  3. 3 Whether the landlord could rely on reasons not stated in the initial refusal

Ratio Decidendi

The landlord's refusal of consent by letter on 30 May 2001, which was found to be unreasonable, constituted a breach of statutory duty under section 1(3) of the Landlord and Tenant Act 1988. Serving the written notice brought the reasonable time to an end, and the landlord could not rely on reasons not stated in that notice. Subsequent correspondence did not amount to a waiver, estoppel, or renewed application by the tenant. The tenant was entitled to a declaration and damages for breach of statutory duty.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Declaration granted in favour of the tenant (Go West Limited) that the landlords were in breach of statutory duty on 30 May 2001
  • Damages to be assessed for loss suffered by the tenant