(New Zealand) The plaintiffs owned a hotel in Christchurch, next to the premises in which the defendants operated a printing press running 24 hours. They made an agreement under which the defendants would rebuild their premises and grant a lease of the upper floors to the plaintiffs for use an additional hotel bedrooms. Unfortunately the noise and vibrations of the press beneath caused substantial inconvenience to the occupants of the bedrooms. The plaintiffs claimed an injunction to restrain the defendants from working their press. They said that the defendants knew that they intended to use the premises as bedrooms and were under an implied obligation not to interfere with their convenient use.
Held: The plaintiffs also knew that the defendants intended to use their premises for printing.
Loreburn LC said: ‘When it is a question of what shall be implied from the contract, it is proper to ascertain what in fact was the purpose, or what were the purposes, to which both intended the land to be put, and having found that, both should be held to all that was implied in this common intention . . [If] it be true that neither has done or asks to do anything which was not contemplated by both, neither can have any right against the other.’ and ‘Ought the fact that one of the parties was the grantor and the other the grantee of a lease to dominate the decision of the case? If A lets a plot to B, he may not act so as to frustrate the purpose for which in the contemplation of both parties the land was hired . . The fact that one lets and one hires does not create any presumption in favour of either in construing an expressed contract. It was argued that the common intention was that the plaintiffs should have reasonably quiet bedrooms. If it was so, that was only one half of the common intention. The other half was that the defendants should keep on printing. One cannot bisect the intention and enforce one half of it when the effect of doing so would be to frustrate the other half.’ and
‘In this case their Lordships think that both parties agreed upon a building scheme with the intention that the building should be used for bedrooms and also for a printing house according to a design agreed upon. Both parties believed these two uses could co-exist without clashing, and that was why both of them accepted the scheme. Neither would have embarked upon it if he had not thought his intended enjoyment of the building would be permitted, and both intended that the other should enjoy the building in the way contemplated. They were mistaken in their anticipation. But if it be true that neither has done or asks to do anything which was not contemplated by both, neither can have any right against the other.’
Judges:
Lord Loreburn LC
Citations:
[1907] AC 476
Jurisdiction:
England and Wales
Cited by:
Cited – Goldmile Properties Limited v Speiro Lechouritis CA 29-Jan-2003
The tenant claimed damages form his landlord for breach of the covenant for quiet enjoyment. The landlord was obliged to repair the building, and in his doing so the tenant suffered losses through interruptions. The question was whether the Landlord . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Nuisance
Updated: 06 May 2022; Ref: scu.182774