Design Progression Ltd v Thurloe Properties Ltd
Series: Property, Planning and Compensation Reports ; [2004] P&CR 594-624(26)184(1)(CS)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWHC 324 (Ch) 25 February 2004. The claimant tenant (D) sought damages from the defendant landlord (T) for breach of statutory duty to give any decision to assign the remainder of its lease, within the reasonable time imposed on (T) under the Landlord and Tenant Act 1988 s1(3). When D made an application to assign the remainder of the lease to a third party (H), the rent for the shop premises was significantly below the market rate. D and H duly submitted all the necessary information to T concerning the third party's financial circumstances. But T prevaricated which meant D and the H missed their deadline for completion in April 2002. H accordingly found other premises. "Held": the appeal was allowed as T had possessed all the necessary information by March 2002, and so had no reason to refuse the licence to assign. View judgment at www.bailii.gov.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67642 (Browse shelf(Opens below)) | 1 | Available | 125555-1001 |
[2004] EWHC 324 (Ch) 25 February 2004. The claimant tenant (D) sought damages from the defendant landlord (T) for breach of statutory duty to give any decision to assign the remainder of its lease, within the reasonable time imposed on (T) under the Landlord and Tenant Act 1988 s1(3). When D made an application to assign the remainder of the lease to a third party (H), the rent for the shop premises was significantly below the market rate. D and H duly submitted all the necessary information to T concerning the third party's financial circumstances. But T prevaricated which meant D and the H missed their deadline for completion in April 2002. H accordingly found other premises. "Held": the appeal was allowed as T had possessed all the necessary information by March 2002, and so had no reason to refuse the licence to assign. View judgment at www.bailii.gov.uk.