Brennan v Kettell [2003] EWCA Civ 1186 (25 July 2003)

Brennan v Kettell [2003] EWCA Civ 1186 (25 July 2003)

The Bank, as lessor, covenanted not only for quiet enjoyment but also against interruption by title paramount. The eviction of the Kettells from the disputed area by Mrs Brennan, who had title paramount, constituted a breach of this covenant. The side letters did not amount to a concluded agreement qualifying or limiting the Bank's liability under the lease. The Bank is liable to the Kettells for damages for breach of covenant.

Citation
[2003] EWCA Civ 1186
Parties
Claimant: Josephine Brennan; 1st Defendant and Part 20 Claimant/appellant: Allan Kettell; 2nd Defendant and Part 20 Claimant/appellant: Anthony Kettell; 3rd Defendant: H M Crown Estate Commissioners; Part 20 Defendant/respondent: Royal Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Appeal From Chancery Division (liverpool District Registry) Part 20 Claim / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Covenant for Quiet Enjoyment, Rectification of Lease, Title Paramount, Breach of Covenant, Land Registration, Leasehold Boundaries
Property Law Landlord and Tenant Law Covenant for Quiet Enjoyment Rectification of Lease Title Paramount Breach of Covenant Land Registration Leasehold Boundaries

Case Brief

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Parties

Josephine Brennan

Claimant

Allan Kettell

1st Defendant and Part 20 Claimant/appellant

Anthony Kettell

2nd Defendant and Part 20 Claimant/appellant

H M Crown Estate Commissioners

3rd Defendant

Royal Bank of Scotland PLC

Part 20 Defendant/respondent

Procedural Posture

Appeal From Chancery Division (liverpool District Registry) Part 20 Claim / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Bank was liable to the Kettells for breach of covenant for quiet enjoyment and interruption by title paramount when the Kettells were evicted from the disputed area by Mrs Brennan's successful rectification claim.
  2. 2 Whether side letters between the Bank and the Kettells qualified or limited the Bank's liability under the lease covenant.

Ratio Decidendi

The Bank, as lessor, covenanted not only for quiet enjoyment but also against interruption by title paramount. The eviction of the Kettells from the disputed area by Mrs Brennan, who had title paramount, constituted a breach of this covenant. The side letters did not amount to a concluded agreement qualifying or limiting the Bank's liability under the lease. The Bank is liable to the Kettells for damages for breach of covenant.

Court Disposition

Appeal allowed

Orders

  • Order of the judge on the Part 20 claim set aside
  • Judgment for the Kettells against the Bank for damages to be assessed