H Waites Ltd v Hambledon Court Ltd & Ors

H Waites Ltd v Hambledon Court Ltd & Ors

The demise of each garage includes the roof and airspace above; no implied covenant restricts the lessor from constructing further flats; the lessee under the 2007 lease is entitled to erect columns outside the garage blocks if necessary for development, but cannot proceed with development due to the airspace being demised to garage lessees who do not consent.

Parties
Claimant: H Waites Limited; 1st Defendant: Hambledon Court Limited; 2nd Defendant: Joseph Frackowiak; 3rd Defendant: Wanda Bronislawa Frackowiak; 4th Defendant: Jose Antonio Laguillo; 5th Defendant: Maria Purificacion Laguillo; 6th Defendant: Philip John Sander; 7th Defendant: Michael Adriaan Gerardus Moors; 8th Defendant: Wan Yee Winnie Chan; 9th Defendant: Antonio Corricelli; 10th Defendant: Sheila Corricelli; 11th Defendant: Cyrille Nissanka Amerasinghe; 12th Defendant: Sudharma Amerasinghe; 13th Defendant: Peter Maurice Afia; 14th Defendant: Junia Hugh Brown; 15th Defendant: Anthony Mark Enrione; 16th Defendant: Afsaner McCue; 17th Defendant: Geoffrey George Manners; 18th Defendant: Fay Catherine Manners
Jurisdiction
England and Wales
Judgment Date
11 March 2014
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed in substance; development cannot proceed without consent of garage lessees.
Legal Topics
Lease Interpretation, Airspace Rights, Implied Covenants, Letting Schemes, Service Charge Apportionment, Development Rights
Property Law Landlord and Tenant Lease Interpretation Airspace Rights Implied Covenants Letting Schemes Service Charge Apportionment Development Rights

Case Brief

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Parties

H Waites Limited

Claimant

Hambledon Court Limited

1st Defendant

Joseph Frackowiak

2nd Defendant

Wanda Bronislawa Frackowiak

3rd Defendant

Jose Antonio Laguillo

4th Defendant

Maria Purificacion Laguillo

5th Defendant

Philip John Sander

6th Defendant

Michael Adriaan Gerardus Moors

7th Defendant

Wan Yee Winnie Chan

8th Defendant

Antonio Corricelli

9th Defendant

Sheila Corricelli

10th Defendant

Cyrille Nissanka Amerasinghe

11th Defendant

Sudharma Amerasinghe

12th Defendant

Peter Maurice Afia

13th Defendant

Junia Hugh Brown

14th Defendant

Anthony Mark Enrione

15th Defendant

Afsaner McCue

16th Defendant

Geoffrey George Manners

17th Defendant

Fay Catherine Manners

18th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Extent of premises demised by flat and garage leases, specifically inclusion of garage roof
  2. 2 Whether demise includes airspace above individual garage
  3. 3 Whether court should imply covenant by lessor not to construct further flats

Ratio Decidendi

The demise of each garage includes the roof and airspace above; no implied covenant restricts the lessor from constructing further flats; the lessee under the 2007 lease is entitled to erect columns outside the garage blocks if necessary for development, but cannot proceed with development due to the airspace being demised to garage lessees who do not consent.

Court Disposition

Claim dismissed in substance; development cannot proceed without consent of garage lessees.

Orders

  • No order for implied covenant restricting further flats.
  • Claimant entitled to erect columns outside garages under 2007 lease, subject to other legal constraints.