The tenant ran a cafe. The lease provided a right of way over other land belonging to the landlord. The landlord built a wall to block it. The landlord said that the lease allowed him to direct traffic, and had provided another but much less accessible means of access.
Held: At most the right to direct traffic amounted to a right to control traffic flows. The action was a breach of the landlord’s covenant for quiet enjoyment. It is important for parties preparing cases for trial to provide clear and intelligible plans and photographs for use by the court.
Citations:
Times 21-Nov-2007, [2007] EWCA Civ 1168
Links:
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 12 July 2022; Ref: scu.261309