Source: All England Reporter
Publisher Citation: [2011] All ER (D) 139 (Jan)
Neutral Citation: [2011] Lexis Citation 06
Court: Chancery Division
Judge:

Nicholas Strauss QC sitting as a deputy judge of the High Court
Representation Charles Harpum (instructed by Rochman Landau LLP) for the claimant.
  Alan Tunkel (instructed by Blount Petre Kramer) for the first defendant and the Pt 20 defendant.
  Anthony Radevsky (instructed by Wallace LLP) for the second defendant and the Pt 20 claimant.
Judgment Dates: 20 January 2011

Catchwords

Landlord and tenant - Lease - Construction - First defendant being lessor of flats in building - Claimant being lessee of flat 15 on sixth floor - Claimant subsequently acquiring underlease of roof terrace at level of sixth floor - Second defendant being lessee of flats 16 and 17 on seventh floor - Claimant subsequently building extension on roof terrace - First defendant granting second defendant underlease of roof of extension - Claimant claiming underlease of roof terrace as demised including air space up to height not only of flat 15 but flat 17 on seventh floor - Correct construction of underlease.

The Case

Landlord and tenant Lease. Applying the rules relating to the construction of a contract, the Chancery Division of the High Court ruled on the correct construction of an underlease of a roof terrace in a building, taking the view that the extension in question, including its roof but not any airspace above it, had been demised to the claimant by the supplemental flat 15 underlease.

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