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High Court (1): grants an award of damages for breach of covenant and arrears of rent, on the grounds that the defendant did not secure consent before making modifications to rented premises and did not secure consent before purporting to assign the lease when in arrears; and (2) dismisses the defendant's counterclaim for detinue and reimbursement, on the grounds that he did not make any effort to secure the release of the chattels and failed to obtain consent for the works.
Landlord and tenant - plaintiffs leased ground floor of building to defendants – took repossession and claim repair works required due to modifications made and breach of covenants – defendant claims the plaintiffs consented to the works - counterclaims for failure to return chattels to him for costs of works – plaintiff admits to consenting to works in 2005 – not further works they discovered in 2007 which converted premises into a bar – no consent in writing – conflicting accounts of a meeting between the defendant and one of the parties in November 2006 – no evidence of consent – thus no consent can be considered to have been given – plaintiff attempted to assign lease when in arrears – no consent – ineffective – no effort made to secure release of chattels – no consent for works – counterclaim dismissed
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