Parties had entered an agreement, with a draft lease attached to lease a coal seam. If the company anticipated damage, the lease allowed the company to leave sections unmined as support. The final lease allowed the miners to let down the surface, but now asked the miners to request obtain consent before leaving any coal un-mined. The surface was then also let to the plaintiff on a yearly tenancy. The miners sought consent as agreed, but the consent was withheld, and they proceeded. The surface property was damaged, and the tenant sought damages.
Held: There was an implied covenant for quiet enjoyment in the lease of the house, but the owner of the land who was liable under that covenant could not seek an indemnity from the miner without joining in the trustees who had actually executed the lease.
Citations:
[1908] 98 LT 605, [1908] 24 LTR 426, [1908] 1 Ch 697, [1908] 77 LJ Ch 451
Jurisdiction:
England and Wales
Landlord and Tenant, Contract
Updated: 01 May 2022; Ref: scu.246064