Go West Ltd. v Spigarolo & Anor

Go West Ltd. v Spigarolo & Anor

The landlords' refusal of consent on 30 May 2001 was unreasonable and in breach of statutory duty under section 1(3) of the Landlord and Tenant Act 1988; the reasonable time for response ended with the refusal letter, and subsequent correspondence did not amount to waiver, estoppel, or a renewed application.

Parties
Appellant (claimant): Go West Limited; Respondent (defendant): Armando Spigarolo; Respondent (defendant): Graziella Spigarolo
Jurisdiction
England and Wales
Judgment Date
31 January 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
Unreasonable Withholding of Consent, Landlord and Tenant Act 1988, Assignment of Lease, Statutory Duty, Waiver and Estoppel
Landlord and Tenant Law Statutory Tort Unreasonable Withholding of Consent Landlord and Tenant Act 1988 Assignment of Lease Statutory Duty Waiver and Estoppel

Case Brief

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Parties

Go West Limited

Appellant (claimant)

Armando Spigarolo

Respondent (defendant)

Graziella Spigarolo

Respondent (defendant)

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the landlords' refusal of consent to assign was unreasonable under section 1(3) of the Landlord and Tenant Act 1988
  2. 2 Whether the landlords' refusal letter of 30 May 2001 brought the reasonable time to an end under the Act
  3. 3 Whether subsequent correspondence constituted a continuing or renewed application or amounted to waiver, estoppel, or release of the tenant's accrued right

Ratio Decidendi

The landlords' refusal of consent on 30 May 2001 was unreasonable and in breach of statutory duty under section 1(3) of the Landlord and Tenant Act 1988; the reasonable time for response ended with the refusal letter, and subsequent correspondence did not amount to waiver, estoppel, or a renewed application.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • Declaration that the landlords were in breach of statutory duty on 30 May 2001 by unreasonably withholding consent to assign.
  • Tenant's appeal allowed with costs to be assessed.