Landlord’s wrongful interference with goods supplied to tenant on hire

In London Trocadero Ltd v Family Leisure Holdings Ltd ([2012] EWCA Civ 1037, CA (Eng)) L granted to W a lease of premises at the Trocadero in London. F (W’s parent) hired gaming and amusement machines to W. W went into administration and F wanted to recover possession of the machines as it was entitled to do under the hire agreement. The lease contained easements that allowed the tenants to cross the common parts of the Trocadero to bring things to or take them away or to authorise others to do so on their behalf. W gave F permission to access the property but L resisted this arguing that the easement conferred rights only on the tenant. When F brought proceedings, they also argued that F was the tenant’s licensee and lacked standing. L failed on both counts. W was clearly entitled to authorise F to access the property to take away the machines. F clearly had standing since L’s conduct amounted to unlawful interference with F’s goods.

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