London College of Business Ltd v Tareem Ltd & Anor

The 2012 Agreement, despite its wording, conferred exclusive possession and thus created a tenancy subject to the Landlord and Tenant Act 1954. Tareem's lockout in September 2014 was wrongful as no valid notice was given under clause 10, entitling the College to damages. The state of account as at 26 July 2017 showed £30,545 owed by the College to Tareem.

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 / Judgment
Outcome: Claim partly allowed; declaration as to tenancy; damages awarded; state of account determined.
Legal Topics: Lease Vs Licence, Forfeiture, Damages, Quiet Enjoyment, State of Account

Landlord and Tenant Contract Business Tenancy Lease Vs Licence Forfeiture Damages Quiet Enjoyment State of Account

Case Brief

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Parties

London College of Business Limited

Claimant

Tareem Limited

First Defendant

Montague Management Limited

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the 2012 Agreement created a lease or licence
2 Whether Tareem's re-entry in September 2014 was justified
3 Assessment of damages for wrongful lockout

Ratio Decidendi

Court Disposition

Claim partly allowed; declaration as to tenancy; damages awarded; state of account determined.

Orders

Declaration that the College occupies under a tenancy to which the 1954 Act applies.
Award of damages to the College of £25,104.