|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 164 (Apr)|
|Neutral Citation:|| EWHC 948 (Ch)|
|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|
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.