Guignabaudet v Scottt-Moncrieff

Guignabaudet v Scottt-Moncrieff

The construction of a substantial swimming pond, involving significant excavation and alteration of the garden's layout and boundary, constitutes an alteration in the arrangements of the demised premises under the lease, thus requiring the landlord's prior written consent.

Parties
Appellant: Christine Guignabaudet; Respondent: Lucy Scott-Moncrieff
Jurisdiction
England and Wales
Judgment Date
24 February 2009
Procedural Posture
Civil Appeal / Appeal From Central London County Court
Outcome
appeal allowed
Legal Topics
Restrictive Covenants, Alterations to Demised Premises, Landlord's Consent, Lease Interpretation
Property Law Landlord and Tenant Restrictive Covenants Alterations to Demised Premises Landlord's Consent Lease Interpretation

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Parties

Christine Guignabaudet

Appellant

Lucy Scott-Moncrieff

Respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court

Legal Issues

  1. 1 Whether the construction of a swimming pond in the garden of a demised flat constitutes an alteration in the 'arrangements' of the demised premises under the lease requiring landlord's consent.

Ratio Decidendi

The construction of a substantial swimming pond, involving significant excavation and alteration of the garden's layout and boundary, constitutes an alteration in the arrangements of the demised premises under the lease, thus requiring the landlord's prior written consent.

Court Disposition

appeal allowed

Orders

  • Appeal allowed; matter remitted for consideration of whether withholding of consent was unreasonable.