Faidi & Anor v Elliot Corporation

Faidi & Anor v Elliot Corporation

By granting a licence to alter permitting the installation of timber floors and underfloor heating, the landlord (EMW) unequivocally waived the requirement to carpet under paragraph 15 of the Fourth Schedule for the affected rooms. Enforcing the covenant would be inconsistent with the permitted works and inequitable. The general preservation of lease obligations in clause 7.3 does not override this specific waiver.

Parties
Claimant/appellant: Hameed Faidi; Claimant/appellant: 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
Outcome
Appeal dismissed
Legal Topics
Waiver of Covenant, Enforcement of Leasehold Covenants, Neighbour Disputes, Licences to Alter, Mediation in Litigation
Property Law Landlord and Tenant Law Waiver of Covenant Enforcement of Leasehold Covenants Neighbour Disputes Licences to Alter Mediation in Litigation

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Parties

Hameed Faidi

Claimant/appellant

Inam Faidi

Claimant/appellant

Elliot Corporation

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court

Legal Issues

  1. 1 Whether the landlord (EMW) waived the obligation to carpet under paragraph 15 of the Fourth Schedule by granting a licence to alter permitting timber floors and underfloor heating.
  2. 2 Whether clause 7.3 of the licence preserved the enforceability of the covenant to carpet.
  3. 3 Whether the waiver was sufficiently clear and irrevocable to bind successors and other lessees.

Ratio Decidendi

By granting a licence to alter permitting the installation of timber floors and underfloor heating, the landlord (EMW) unequivocally waived the requirement to carpet under paragraph 15 of the Fourth Schedule for the affected rooms. Enforcing the covenant would be inconsistent with the permitted works and inequitable. The general preservation of lease obligations in clause 7.3 does not override this specific waiver.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.