Singh v Dhanji & Anor

Singh v Dhanji & Anor

The landlord's refusal of consent to assignment was unreasonable because the alleged breaches were not serious enough to justify refusal, and the conditions imposed were not reasonable; damages were properly assessed based on the difference in value caused by the delay.

Parties
Appellant: Mark Buddha Singh; Respondent: Mr Iqbal Dhanji; Respondent: Mrs Sherin Dhanji
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Assignment of Lease, Breach of Statutory Duty, Damages, Unreasonable Refusal of Consent
Landlord and Tenant Property Law Assignment of Lease Breach of Statutory Duty Damages Unreasonable Refusal of Consent

Case Brief

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Parties

Mark Buddha Singh

Appellant

Mr Iqbal Dhanji

Respondent

Mrs Sherin Dhanji

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the landlord unreasonably refused consent to assignment of lease
  2. 2 Whether the conditions imposed by the landlord for assignment were reasonable
  3. 3 Assessment of damages for breach of statutory duty

Ratio Decidendi

The landlord's refusal of consent to assignment was unreasonable because the alleged breaches were not serious enough to justify refusal, and the conditions imposed were not reasonable; damages were properly assessed based on the difference in value caused by the delay.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Original judgment and damages award upheld