Timothy Taylor Ltd v Mayfair House Corporation & Anor

Timothy Taylor Ltd v Mayfair House Corporation & Anor

The landlord breached the covenant for quiet enjoyment and the implied covenant not to derogate from grant by failing to take all reasonable steps to minimise disturbance to the tenant, particularly in the design and erection of scaffolding and lack of proper liaison regarding noise and works. The landlord’s rights under the lease did not justify the manner in which the works were carried out. The tenant is entitled to damages assessed as a 20% rebate of rent for the relevant period. Injunctive relief was refused as impracticable and disproportionate; damages in lieu were awarded for future breaches. The landlord was not entitled to enter for screed removal, but was entitled to carry out...

Parties
Claimant: Timothy Taylor Ltd; Defendants: Mayfair House Corporation & Mayfair House Corporation CM Inc.
Jurisdiction
England and Wales
Judgment Date
10 May 2016
Procedural Posture
Civil (landlord and Tenant) / Judgment After Trial
Outcome
Claim allowed in part; counterclaim dismissed.
Legal Topics
Covenant for Quiet Enjoyment, Right to Build, Derogation From Grant, Scaffolding Rights, Damages for Breach of Covenant, Injunctions, Lease Interpretation
Landlord and Tenant Property Law Contract Law Covenant for Quiet Enjoyment Right to Build Derogation From Grant Scaffolding Rights Damages for Breach of Covenant +2 more

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Parties

Timothy Taylor Ltd

Claimant

Mayfair House Corporation & Mayfair House Corporation CM Inc.

Defendants

Procedural Posture

Civil (landlord and Tenant) / Judgment After Trial

Legal Issues

  1. 1 Whether the landlord breached the covenant for quiet enjoyment and/or the implied covenant not to derogate from grant by the manner in which redevelopment works were carried out, including erection of scaffolding and noise;
  2. 2 Whether the landlord was entitled to enter the premises for screed removal works;
  3. 3 Whether the landlord was entitled to carry out works in the Light Well and construct a porter’s lodge;

Ratio Decidendi

The landlord breached the covenant for quiet enjoyment and the implied covenant not to derogate from grant by failing to take all reasonable steps to minimise disturbance to the tenant, particularly in the design and erection of scaffolding and lack of proper liaison regarding noise and works. The landlord’s rights under the lease did not justify the manner in which the works were carried out. The tenant is entitled to damages assessed as a 20% rebate of rent for the relevant period. Injunctive relief was refused as impracticable and disproportionate; damages in lieu were awarded for future breaches. The landlord was not entitled to enter for screed removal, but was entitled to carry out...

Court Disposition

Claim allowed in part; counterclaim dismissed.

Orders

  • Declaration that landlord breached covenant for quiet enjoyment and not to derogate from grant;
  • Damages to tenant assessed at 20% of rent from 14 August 2014 to judgment date;