Go West Ltd v Spigarolo and another
Go West Ltd v Spigarolo and another
- 2003
- Estates Gazette Case Summaries [2003] 7 EG 136 (CS) (1) Weekly Law Reports [2003] 2 986-1006(20) .
[2003] EWCA Civ 17, 31 January 2003. The appellant (G) was the tenant and the respondents (S) were the landlords of premises in London. The lease contained a clause not to assign without the landlords' written consent which should not be unreasonably withheld or delayed. G wished to assign and sought S's consent in March 2001. S refused. In July 2001 G brought proceedings for a declaration that consent was unreasonably withheld. Judgment was in favour of the landlords. The judge found that both parties had treated the tenant's request for consent as continuing and took the view that no breach of duty had taken place as of July 2001. Both parties appealed. CA held that S was in statutory breach in refusing to give consent to assign. G's appeal allowed. S's cross-appeal allowed.
CONSENT TO ASSIGN
COMMERCIAL LEASES
LANDLORD AND TENANT ACT 1988 S1(3)
ESTOPPEL
WITHHOLDING CONSENT
GO WEST LTD V SPIGAROLO AND ANOTHER
REASONABLE TIME
[2003] EWCA Civ 17, 31 January 2003. The appellant (G) was the tenant and the respondents (S) were the landlords of premises in London. The lease contained a clause not to assign without the landlords' written consent which should not be unreasonably withheld or delayed. G wished to assign and sought S's consent in March 2001. S refused. In July 2001 G brought proceedings for a declaration that consent was unreasonably withheld. Judgment was in favour of the landlords. The judge found that both parties had treated the tenant's request for consent as continuing and took the view that no breach of duty had taken place as of July 2001. Both parties appealed. CA held that S was in statutory breach in refusing to give consent to assign. G's appeal allowed. S's cross-appeal allowed.
CONSENT TO ASSIGN
COMMERCIAL LEASES
LANDLORD AND TENANT ACT 1988 S1(3)
ESTOPPEL
WITHHOLDING CONSENT
GO WEST LTD V SPIGAROLO AND ANOTHER
REASONABLE TIME