The respondent was tenant of premises with exclusive access to an area of the roof which had been used by her for leisure purposes. The freeholder objected, and she claimed that the use was in the nature of an easement which had passed to her under the section when she took a transfer of the lease. The right she claimed was an exclusive and unrestricted one. The section could not include such a right in the grant of the lease. However since she had the only access, nominal damages were substituted.
England and Wales
Land, Landlord and Tenant
Updated: 10 May 2022; Ref: scu.81217