Jones v Cleanthi [2005] EWHC 2646 (QB) (06 December 2005)

Jones v Cleanthi [2005] EWHC 2646 (QB) (06 December 2005)

The easement of access to the rear bin storage area was extinguished because the statutory obligation under section 352 of the Housing Act 1985 required works (the construction of a fire-resistant wall) that were physically inconsistent with the continuance of the right, and there was no practical possibility of the easement benefiting the dominant tenement in the future.

Citation
[2005] EWHC 2646
Parties
Claimant/appellant: Elizabeth Jones; Defendant/respondent: Christos Emmanuel Cleanthi
Jurisdiction
England and Wales
Judgment Date
06 December 2005
Procedural Posture
Appeal / High Court (queen's Bench Division) Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Extinguishment of Easements, Statutory Powers and Obligations, Leasehold Covenants, Right of Access, Housing Act 1985 Compliance
Property Law Landlord and Tenant Law Statutory Interpretation Extinguishment of Easements Statutory Powers and Obligations Leasehold Covenants Right of Access Housing Act 1985 Compliance

Case Brief

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Parties

Elizabeth Jones

Claimant/appellant

Christos Emmanuel Cleanthi

Defendant/respondent

Procedural Posture

Appeal / High Court (queen's Bench Division) Appeal From County Court Decision

Legal Issues

  1. 1 Whether a leasehold easement of access to a bin storage area was extinguished by statutory works required under section 352 of the Housing Act 1985
  2. 2 Whether the statutory obligation to carry out works under a section 352 notice necessarily extinguishes a contractual or covenanted right of access
  3. 3 Whether the landlord's failure to appeal or notify the tenant affects the extinguishment of the easement

Ratio Decidendi

The easement of access to the rear bin storage area was extinguished because the statutory obligation under section 352 of the Housing Act 1985 required works (the construction of a fire-resistant wall) that were physically inconsistent with the continuance of the right, and there was no practical possibility of the easement benefiting the dominant tenement in the future.

Court Disposition

Appeal dismissed