No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd

The landlord's requirement for a bank reference and inspection by a surveyor was reasonable, but the insistence on payment of an excessive administration fee was unreasonable; since the unreasonable fee was a condition for consent, the refusal was unreasonable overall and the landlord's appeal on those grounds failed.

Parties
Appellant/cross Respondent: No.1 West India Quay (Residential) Ltd; Respondent/cross Appellant: East Tower Apartments Ltd
Jurisdiction
England and Wales
Judgment Date
06 October 2016
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
West India Quay's appeal partially allowed; ETAL's cross-appeal dismissed.
Legal Topics
Assignment of Lease, Reasonableness of Landlord's Consent, Administration Charges, Service of Notices, Statutory Interpretation
Property Law Landlord and Tenant Assignment of Lease Reasonableness of Landlord's Consent Administration Charges Service of Notices Statutory Interpretation

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Parties

No.1 West India Quay (Residential) Ltd

Appellant/cross Respondent

East Tower Apartments Ltd

Respondent/cross Appellant

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether landlord's refusal of consent to assignment was unreasonable under Landlord and Tenant Act 1988
  2. 2 Whether requirement for bank reference and inspection by surveyor was reasonable
  3. 3 Whether administration fee charged was reasonable

Ratio Decidendi

The landlord's requirement for a bank reference and inspection by a surveyor was reasonable, but the insistence on payment of an excessive administration fee was unreasonable; since the unreasonable fee was a condition for consent, the refusal was unreasonable overall and the landlord's appeal on those grounds failed.

Court Disposition

West India Quay's appeal partially allowed; ETAL's cross-appeal dismissed.

Orders

  • Declarations in sub-paragraphs 1(2), (3), and (4) of the Order set aside; appeal against declarations in paragraphs 1(1) and 2 dismissed.
  • ETAL's cross-appeal on assignment of apartment 28.08 and retention of £350 plus VAT dismissed.