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ARTICLE · 25 JANUARY 2013

Knock, Knock - Who’s In There?

Rawlison Butler LLP
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"Ansa Logistics Ltd –v- Trowberg Ltd (2012)" highlights the legal and commercial difficulties a landlord must overcome when seeking to recover possession of premises.

United KingdomReal Estate and Construction
Kristine Ng
Kristine Ng

Ansa Logistics Ltd –v- Trowberg Ltd (2012) highlights the legal and commercial difficulties a landlord must overcome when seeking to recover possession of premises based on the ground the tenant had parted with possession. Kristine Ng from our Property Disputes Team looks at this in more detail.

The Decision:

The Court held that the tenant, Ansa Logistics, had not breached the covenant against parting with possession.  Parting with possession had to be complete and the test is whether the person in occupation had a right to exclude all others from the premises, including the tenant under the lease.  In this case, the tenant was not excluded from the site by the occupier, Ford.

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