Singh V Dhanji (Consent To Alienation)

The Court of Appeal recently considered an appeal from a claim against a landlord for damages for breach of his statutory duty arising out of his refusal to consent to the assignment of a lease of dental premises in Nottingham: Singh v Dhanji and Dhanji [2014] EWCA Civ 414. The Trial Judge had granted a declaration that the landlord's conditions for permitting the tenant to assign the lease were unreasonable and awarded the tenant damages of £183,000 plus interest of £31,000.

The Facts

The landlord let the premises for a 15 year term from 10 March 2000. A number of disputes had arisen between the parties prior to this one, including a claim by the tenant for breach of warranty in relation to the sale. In addition, rent had not been paid by the tenant for more than a year because the landlord had closed the account to which the rent was to be paid. The landlord then forfeited the lease by peaceably re-entering the property in the evening, changing the locks and