Messenex Property Investments Ltd v Lanark Square Ltd [2024] EWHC 89 (Ch) (23 January 2024)

Messenex Property Investments Ltd v Lanark Square Ltd [2024] EWHC 89 (Ch) (23 January 2024)

Lanark Square Limited acted reasonably in withholding consent to the proposed alterations because Messenex failed to provide structural engineer's drawings necessary to assure structural integrity, which was a legitimate property concern for the landlord. The landlord's withholding of consent was based on reasonable...

Source-derived case information.

Citation
[2024] EWHC 89 (Ch)
Parties
Claimant: Messenex Property Investments Limited; Defendant: Lanark Square Limited
Jurisdiction
England and Wales
Judgment Date
23 January 2024
Procedural Posture
Part 8 Claim / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Alterations Under Lease, Landlord's Consent, Unreasonable Withholding of Consent, Section 19(2) Landlord and Tenant Act 1927
Property Law Landlord and Tenant Alterations Under Lease Landlord's Consent Unreasonable Withholding of Consent Section 19(2) Landlord and Tenant Act 1927

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Summary, issues, holding and outcome

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Parties

Messenex Property Investments Limited

Claimant

Lanark Square Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether Lanark Square Limited unreasonably withheld consent to alterations under the lease for Marina Point
  2. 2 Whether Messenex Property Investments Limited is discharged from the covenant to seek approval for alterations
  3. 3 Scope and effect of applications for consent under clause 3(f) of the lease

Ratio Decidendi

Lanark Square Limited acted reasonably in withholding consent to the proposed alterations because Messenex failed to provide structural engineer's drawings necessary to assure structural integrity, which was a legitimate property concern for the landlord. The landlord's withholding of consent was based on reasonable grounds relating to property interests, and the decision was not influenced by irrelevant or unreasonable factors.

Court Disposition

Claim dismissed

Orders

  • Declaration refused; Messenex Property Investments Limited is not discharged from the covenant to seek landlord's consent for alterations.
  • No order for costs specified in the judgment.