Tenants appealed against a refusal of of the ourt to make an order requiring the landlord to enforce a covenant as against a co-tenant said to be causing a nuisance. The co-tenant had, with the landlord’s consent installed wooden floors through which noise was transmitted into the appellants flats. The co-tenant had argued that the landlord’s approval of the flooring implied a waiver of the lease obligation to carpet the floor.
Held: The appeal failed. The proposed obligation to use rugs over some extent of the floor was inconsistent with the plain agreement by the landlord for the installation of the flooring.
Jackson LJ pointed out that this was a case clearly appropriate for mediation, where strict application of the lease documents would have given way to sensible compromise, saving very substantial sums in costs.
Ward, Lloyd, Jackson LJJ
[2012] EWCA Civ 287
Bailii
England and Wales
Citing:
Cited – Oliver v Symons CA 15-Mar-2012
The parties disputed the extent of a right of way, the claimant appealing against the rejection of his claim for ‘swing space’ alongside the right of way.
Held: The appeal failed. Elias LJ said that the ‘argument for swing space fails. That is . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Litigation Practice
Updated: 09 November 2021; Ref: scu.452147