Brennan v Kettell

Brennan v Kettell

The Bank is liable under the covenant for quiet enjoyment, as extended to cover interruption by title paramount, for the eviction of the Kettells from the disputed area by Mrs Brennan. The side letters did not amount to a concluded agreement qualifying the covenant or binding the Kettells to accept Mrs Brennan's rights. The Bank's covenant was unqualified in the lease, and the Bank cannot escape liability by reference to the Kettells' knowledge or the side letters.

Parties
Claimant: Josephine Brennan; 1st Defendant, Part 20 Claimant/appellant: Allan Kettell; 2nd Defendant, 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
Civil Appeal / Appeal From Chancery Division, Liverpool District Registry
Outcome
Appeal allowed
Legal Topics
Covenant for Quiet Enjoyment, Rectification of Lease, Title Paramount, Breach of Covenant, Vacant Possession
Land Law Landlord and Tenant Contract Covenant for Quiet Enjoyment Rectification of Lease Title Paramount Breach of Covenant Vacant Possession

Case Brief

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Parties

Josephine Brennan

Claimant

Allan Kettell

1st Defendant, Part 20 Claimant/appellant

Anthony Kettell

2nd Defendant, Part 20 Claimant/appellant

H M Crown Estate Commissioners

3rd Defendant

Royal Bank of Scotland PLC

Part 20 Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Liverpool District Registry

Legal Issues

  1. 1 Whether the Bank is liable to the Kettells for breach of covenant for quiet enjoyment due to eviction by Mrs Brennan asserting title paramount
  2. 2 Whether the side letters qualified the Bank's liability under the lease
  3. 3 Whether the Kettells took the disputed area subject to rights of Mrs Brennan and Ferry Cars

Ratio Decidendi

The Bank is liable under the covenant for quiet enjoyment, as extended to cover interruption by title paramount, for the eviction of the Kettells from the disputed area by Mrs Brennan. The side letters did not amount to a concluded agreement qualifying the covenant or binding the Kettells to accept Mrs Brennan's rights. The Bank's covenant was unqualified in the lease, and the Bank cannot escape liability by reference to the Kettells' knowledge or the side letters.

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