Roadside Group Ltd v Zara Commercial Ltd [2010] EWHC 1950 (Ch) (30 July 2010)

Roadside Group Ltd v Zara Commercial Ltd [2010] EWHC 1950 (Ch) (30 July 2010)

Roadside is not liable for the acts of its sub-tenant under the parking user covenant due to the active voice of the covenant and the clear distinction in drafting, which reflects a narrower intention. The areas shaded red on the plan are part of the forecourt as they are visible from the Broadway and thus fall within the restriction; the area shaded blue does not.

Citation
[2010] EWHC 1950 (Ch)
Parties
Claimant/appellant: Roadside Group Limited; Defendant/respondent: Zara Commercial Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal allowed in part; Roadside not liable for sub-tenant's acts, but judge's interpretation of 'forecourt' upheld.
Legal Topics
Leasehold Covenants, Relief From Forfeiture, Interpretation of User Covenants
Property Law Landlord and Tenant Leasehold Covenants Relief From Forfeiture Interpretation of User Covenants

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Parties

Roadside Group Limited

Claimant/appellant

Zara Commercial Limited

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether Roadside is liable for the activities of its sub-tenant under the parking user covenant
  2. 2 Whether certain areas used for parking are part of the 'forecourt' within the meaning of the covenant

Ratio Decidendi

Roadside is not liable for the acts of its sub-tenant under the parking user covenant due to the active voice of the covenant and the clear distinction in drafting, which reflects a narrower intention. The areas shaded red on the plan are part of the forecourt as they are visible from the Broadway and thus fall within the restriction; the area shaded blue does not.

Court Disposition

Appeal allowed in part; Roadside not liable for sub-tenant's acts, but judge's interpretation of 'forecourt' upheld.

Orders

  • Declaration that Roadside is not liable for the acts of its sub-tenant under the parking user covenant.
  • Declaration that the areas shaded red on the plan are part of the forecourt within the meaning of the covenant.