Yeoman's Row Management Ltd v Bodentien-Meyrick [2002] EWCA Civ 860 (30 May 2002)

Yeoman's Row Management Ltd v Bodentien-Meyrick [2002] EWCA Civ 860 (30 May 2002)

Clause 2(20) of the tenancy agreement does not entitle the landlord to carry out improvements to the flat; the landlord's right is limited to repairs and works akin to repairs, and must be construed in light of the covenant for quiet enjoyment.

Citation
[2002] EWCA Civ 860
Parties
Claimant/appellant: Yeoman's Row Management Limited; Defendant/respondent: Bodentien-Meyrick
Jurisdiction
England and Wales
Judgment Date
30 May 2002
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Construction of Tenancy Agreement, Repair and Improvement Obligations, Quiet Enjoyment
Landlord and Tenant Property Law Construction of Tenancy Agreement Repair and Improvement Obligations Quiet Enjoyment

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Parties

Yeoman's Row Management Limited

Claimant/appellant

Bodentien-Meyrick

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether clause 2(20) of the tenancy agreement entitles the landlord to carry out improvements as well as repairs
  2. 2 Extent of landlord's right to enter and execute works under the tenancy agreement

Ratio Decidendi

Clause 2(20) of the tenancy agreement does not entitle the landlord to carry out improvements to the flat; the landlord's right is limited to repairs and works akin to repairs, and must be construed in light of the covenant for quiet enjoyment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs summarily assessed at £3,500 payable within 14 days