E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch) (31 July 2012)

E.ON UK Plc v Gilesports Ltd [2012] EWHC 2172 (Ch) (31 July 2012)

Gilesports required Central Networks' consent for assignment; consent was not unreasonably delayed; the Transfer was ineffective due to non-registration, causing legal estate to revert to Gilesports, who remained bound by tenant covenants and liable for arrears; section 17 LTCA 1995 does not limit Gilesports' liability.

Citation
[2012] EWHC 2172 (Ch)
Parties
Claimant: E. ON UK PLC; Defendant: Gilesports Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2012
Procedural Posture
Chancery Division Claim for Declaration and Arrears of Rent/damages / Judgment After Trial
Outcome
Declaration granted that Gilesports remains tenant and liable for arrears; claim for damages not necessary.
Legal Topics
Assignment of Lease, Consent to Assignment, Registration Requirements, Tenant Covenants, Landlord and Tenant (covenants) Act 1995, Landlord Tenant Act 1988, Land Registration Act 2002
Property Law Landlord and Tenant Assignment of Lease Consent to Assignment Registration Requirements Tenant Covenants Landlord and Tenant (covenants) Act 1995 Landlord Tenant Act 1988 +1 more

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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

E. ON UK PLC

Claimant

Gilesports Limited

Defendant

Procedural Posture

Chancery Division Claim for Declaration and Arrears of Rent/damages / Judgment After Trial

Legal Issues

  1. 1 Was Central Networks' consent required for the assignment of the Sublease?
  2. 2 Did Central Networks unreasonably delay in giving consent?
  3. 3 Was the Transfer effective to assign the tenant's covenants given non-registration?

Ratio Decidendi

Gilesports required Central Networks' consent for assignment; consent was not unreasonably delayed; the Transfer was ineffective due to non-registration, causing legal estate to revert to Gilesports, who remained bound by tenant covenants and liable for arrears; section 17 LTCA 1995 does not limit Gilesports' liability.

Court Disposition

Declaration granted that Gilesports remains tenant and liable for arrears; claim for damages not necessary.

Orders

  • Gilesports declared tenant under Sublease
  • Gilesports liable for arrears of rent