Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 (16 March 2012)

Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 (16 March 2012)

The grant of the licence to alter, permitting timber flooring and underfloor heating, was incompatible with the continued enforceability of the covenant requiring carpeting and underlay. The landlord's conduct amounted to a waiver of that covenant for the relevant rooms, and the claim for enforcement must fail.

Citation
[2012] EWCA Civ 287
Parties
Claimants/appellants: Hameed Faidi and Inam Faidi; Defendant/respondent: Elliot Corporation
Jurisdiction
England and Wales
Judgment Date
16 March 2012
Procedural Posture
Civil Appeal / Appeal From Central London County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement of Leasehold Covenants, Waiver of Covenants, Neighbour Disputes, Injunctions, Licences to Alter, Nuisance
Property Law Landlord and Tenant Enforcement of Leasehold Covenants Waiver of Covenants Neighbour Disputes Injunctions Licences to Alter Nuisance

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Parties

Hameed Faidi and Inam Faidi

Claimants/appellants

Elliot Corporation

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court to Court of Appeal

Legal Issues

  1. 1 Whether the landlord's grant of a licence to alter, permitting timber flooring and underfloor heating, constituted a waiver of the lease covenant requiring carpeting and underlay in Flat 8.
  2. 2 Whether the covenant to carpet was enforceable by the claimants against the defendant as assignees of the original parties.

Ratio Decidendi

The grant of the licence to alter, permitting timber flooring and underfloor heating, was incompatible with the continued enforceability of the covenant requiring carpeting and underlay. The landlord's conduct amounted to a waiver of that covenant for the relevant rooms, and the claim for enforcement must fail.

Court Disposition

Appeal dismissed

Orders

  • No injunction granted against the defendant
  • No order requiring compliance with the carpeting covenant