Ansa Logistics Ltd v Towerbeg Ltd & Ors [2012] EWHC 3651 (Ch) (18 December 2012)

Ansa did not part with possession to Ford; occupation was under licence and Ansa retained legal possession. Towerbeg's refusal of consent to underletting was unreasonable as none of the stated reasons related properly to the landlord-tenant relationship or justified refusal.

Citation: [2012] EWHC 3651 (Ch)
Parties: Claimant: Ansa Logistics Limited; Defendant: Towerbeg Limited; Third Party: Ford Motor Company Limited
Jurisdiction: England and Wales
Judgment Date: 18 December 2012
Procedural Posture: Chancery Division Civil Claim / Judgment After Trial
Outcome: Declarations granted; Towerbeg's refusal of consent to underletting was unreasonable; no breach of covenant by Ansa.
Legal Topics: Covenant Against Alienation, Consent to Underletting, Relief Against Forfeiture

Property Law Landlord and Tenant Covenant Against Alienation Consent to Underletting Relief Against Forfeiture

Case Brief

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Parties

Ansa Logistics Limited

Claimant

Towerbeg Limited

Defendant

Ford Motor Company Limited

Third Party

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

1 Did Ansa part with possession to Ford?
2 If so, did Towerbeg waive the breach?
3 If not waived, is Ansa entitled to relief against forfeiture?

Ratio Decidendi

Court Disposition

Declarations granted; Towerbeg's refusal of consent to underletting was unreasonable; no breach of covenant by Ansa.

Orders

Towerbeg's consent to the underleases to Ford was unreasonably withheld.
If breach had occurred, relief against forfeiture would have been granted.