Design Progression Ltd v Thurloe Properties Ltd

Design Progression Ltd v Thurloe Properties Ltd

The defendant breached its statutory duty under the Landlord & Tenant Act 1988 by failing to provide a decision on the licence to assign within a reasonable time, and by acting with a deliberate strategy to frustrate the assignment for its own profit. The claimant is entitled to compensatory and exemplary damages.

Parties
Claimant: Design Progression Limited; Defendant: Thurloe Properties Limited
Jurisdiction
England and Wales
Judgment Date
25 February 2004
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Licence to Assign, Breach of Statutory Duty, Landlord & Tenant Act 1988, Exemplary Damages, Assignment of Lease, Reasonableness of Refusal, Mitigation of Loss
Landlord and Tenant Contract Tort Licence to Assign Breach of Statutory Duty Landlord & Tenant Act 1988 Exemplary Damages Assignment of Lease +2 more

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Parties

Design Progression Limited

Claimant

Thurloe Properties Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant landlord breached its statutory duty under the Landlord & Tenant Act 1988 by failing to give a decision on licence to assign within a reasonable time
  2. 2 Whether the defendant's refusal or delay was unreasonable and motivated by extraneous considerations
  3. 3 Whether the claimant is entitled to damages, including exemplary damages, for the breach

Ratio Decidendi

The defendant breached its statutory duty under the Landlord & Tenant Act 1988 by failing to provide a decision on the licence to assign within a reasonable time, and by acting with a deliberate strategy to frustrate the assignment for its own profit. The claimant is entitled to compensatory and exemplary damages.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay compensatory damages for loss of premium, loss of profits, wasted expenditure, and rent as specified in the judgment
  • Defendant to pay exemplary damages of £25,000