The tenant had been granted a lease, but without any right of access over neighbouring property. The landlord covenanted to use its best endeavours to obtain a right over adjoining property, but then relet it without reserving a right of access.
Held: The landlord being in breach, the tenant had an arguable case that he would be entitled to exercise access over the landlord’s own adjoining property without his consent. This went beyond the mere terms of the lease. The balance of convenience favoured the claimant, and an interim injunction in his favour was granted.
Judges:
Neuberger J
Citations:
Times 03-Oct-2002
Jurisdiction:
England and Wales
Landlord and Tenant
Updated: 28 June 2022; Ref: scu.177314