The landlords right to build vs the tenant’s right of quiet enjoyment.
In Timothy Taylor v Mayfair House Corporation and another [2016] EWHC (Ch) the High Court was required to consider the terms of a lease that gave the express right to the landlord to carry out building works, where the use and enjoyment of the tenant’s premises were materially affected.
In Timothy Taylor v Mayfair House Corporation and another [2016] EWHC (Ch) the High Court was required to consider the terms of a lease that gave the express right to the landlord to carry out building works, where the use and enjoyment of the tenant’s premises were materially affected.
The tenant, an operator of an art gallery, had entered a lease with the landlord, which contained clear provisions in the lease allowing the landlord to carry out works.
The landlord was creating apartments above an art gallery. The tenant argued that although the landlord did have the right to create the apartments, the effect of these rights created disturbances in the tenant operating the gallery and in addition the scaffolding erected gave the impression that the gallery was closed.
The High Court’s Decision
The High Court held that the landlord, whilst within his rights to carry out the work, had in fact acted unreasonably. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02076816073
Mob: 07545813894
Email: shubha@nathsolicitors.co.uk
Web: http://www.nathsolicitors.co.uk/
The landlord was creating apartments above an art gallery. The tenant argued that although the landlord did have the right to create the apartments, the effect of these rights created disturbances in the tenant operating the gallery and in addition the scaffolding erected gave the impression that the gallery was closed.
The High Court’s Decision
The High Court held that the landlord, whilst within his rights to carry out the work, had in fact acted unreasonably. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square,
London, WC1A 2RP
Tel: 02076816073
Mob: 07545813894
Email: shubha@nathsolicitors.co.uk
Web: http://www.nathsolicitors.co.uk/
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