Ansa Logistics Ltd v Towerbeg Ltd & Ors

Ansa Logistics Ltd v Towerbeg Ltd & Ors

Ansa did not part with possession to Ford; it retained legal possession and responsibilities. There was no breach of the covenant against alienation. Even if there had been a breach, Towerbeg did not waive it, but relief against forfeiture would have been granted. Towerbeg's refusal of consent to underletting was unreasonable as none of the stated reasons justified refusal.

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
Civil Landlord and Tenant / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Covenant Against Alienation, Consent to Underletting, Relief Against Forfeiture, Waiver of Breach, Reasonableness of Withholding Consent
Landlord and Tenant Law Property Law Covenant Against Alienation Consent to Underletting Relief Against Forfeiture Waiver of Breach Reasonableness of Withholding Consent

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Parties

Ansa Logistics Limited

Claimant

Towerbeg Limited

Defendant

Ford Motor Company Limited

Third Party

Procedural Posture

Civil Landlord and Tenant / Judgment After Trial

Legal Issues

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

Ratio Decidendi

Ansa did not part with possession to Ford; it retained legal possession and responsibilities. There was no breach of the covenant against alienation. Even if there had been a breach, Towerbeg did not waive it, but relief against forfeiture would have been granted. Towerbeg's refusal of consent to underletting was unreasonable as none of the stated reasons justified refusal.

Court Disposition

Judgment for the Claimant

Orders

  • Declaration that Ansa was not in breach of the covenants against alienation in the leases
  • Declaration that Towerbeg's consent to the underleases to Ford was unreasonably withheld