Victory Place Management Company Ltd v Kuehn & Anor

Victory Place Management Company Ltd v Kuehn & Anor

The management company did not breach its implied obligation to deal reasonably with the request for consent to keep a dog; its 'no pets' policy was a legitimate predisposition reflecting the majority lessees' wishes, and it considered special circumstances. The process was reasonable and not predetermined.

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
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Implied Terms in Leases, Reasonableness of Management Company Decisions, Injunctions, Covenants Restricting Pets, Wednesbury Principles
Property Law Contract Law Implied Terms in Leases Reasonableness of Management Company Decisions Injunctions Covenants Restricting Pets Wednesbury Principles

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Parties

Victory Place Management Company Limited

Claimant/respondent

Florian Gunter Kuehn

Defendant/appellant

Gabrielle Maria Kuehn

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

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 'no pets' policy constituted an illegitimate predetermination or a legitimate predisposition

Ratio Decidendi

The management company did not breach its implied obligation to deal reasonably with the request for consent to keep a dog; its 'no pets' policy was a legitimate predisposition reflecting the majority lessees' wishes, and it considered special circumstances. The process was reasonable and not predetermined.

Court Disposition

appeal dismissed

Orders

  • Defendants to remove the dog from the property within 28 days unless permission to appeal is sought, in which case the injunction is stayed until determination of the appeal.
  • Defendants to pay claimant's costs.