Source: All England Reporter
Publisher Citation: [2013] All ER (D) 164 (Apr)
Neutral Citation: [2013] EWHC 948 (Ch)
Court: Chancery Division
Judge:

Henderson J

Representation Jonathan Seitler QC (instructed by Berwin Leighton-Paisner) for the claimant.
  Tom Weekes (instructed by Lee Bolton Monier-Williams) for the trust.
Judgment Dates: 22 April 2013

Catchwords

Landlord and tenant - Covenant - Quiet enjoyment - Defendant trust considering application for consent for, inter alia, basement extension in respect of property - Trust having rights and powers under scheme of management in respect of enfranchised properties - Occupier of neighbouring property objecting to application - Neighbouring property subject to lease vested in claimant company - Trust being landlord - Lease containing covenant for quiet enjoyment - Claimant seeking interim injunction to restrain trust from granting consent unless and until certain steps taken - Whether trust entitled to withhold consent on basis of flood risk to neighbouring property - Whether proper exercise by trust of powers under scheme could give rise to breach of covenant for quiet enjoyment.

The Case

Landlord and tenant Covenant. The Chancery Division refused the claimant's application for an interim injunction preventing the defendant trust from granting consent for a basement extension unless and until certain steps had been taken. The court held that the instant action was not a proper means by which to resolve the dispute, and no grounds had been shown for interfering with the decision-making process of the trust. Summary judgment was given for the defendant trust.

Practice Areas

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