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, though created by covenant in the lease, was extinguished because the statutory notice under section 352 of the Housing Act 1985 required works (construction of a fire-resistant wall) that made exercise of the easement physically impossible. The statutory obligation to carry out the works necessarily involved the power to do so, and the continuance of the easement was inconsistent with the statutory scheme. There is no liability for breach of covenant or nuisance where the obstruction results from compliance with a statutory duty.

Citation
[2005] EWHC 2646 (QB)
Parties
Claimant/appellant: Elizabeth Jones; Defendant/respondent: Christos Emmanuel Cleanthi
Jurisdiction
England and Wales
Judgment Date
06 December 2005
Procedural Posture
Appeal / Judgment on Appeal From Brighton County Court Decision
Outcome
Appeal dismissed
Legal Topics
Extinguishment of Easements, Statutory Powers and Obligations, Covenants in Leases, Right of Access, Housing Act 1985, Fire Safety Compliance, Remedies for Breach of Easement
Property Law Landlord and Tenant Law Statutory Interpretation Extinguishment of Easements Statutory Powers and Obligations Covenants in Leases Right of Access Housing Act 1985 +2 more

Case Brief

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Parties

Elizabeth Jones

Claimant/appellant

Christos Emmanuel Cleanthi

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From Brighton County Court Decision

Legal Issues

  1. 1 Whether a statutory notice under section 352 of the Housing Act 1985 and works carried out pursuant to it can extinguish a leaseholder's easement of access to a bin storage area
  2. 2 Whether the easement created by covenant survives statutory works that physically obstruct its exercise
  3. 3 Whether the landlord or his successor is liable for breach of covenant or nuisance where works are carried out under statutory duty

Ratio Decidendi

The easement of access to the rear bin storage area, though created by covenant in the lease, was extinguished because the statutory notice under section 352 of the Housing Act 1985 required works (construction of a fire-resistant wall) that made exercise of the easement physically impossible. The statutory obligation to carry out the works necessarily involved the power to do so, and the continuance of the easement was inconsistent with the statutory scheme. There is no liability for breach of covenant or nuisance where the obstruction results from compliance with a statutory duty.

Court Disposition

Appeal dismissed

Orders

  • Claim for declaratory and injunctive relief refused
  • No order for reinstatement of easement