Hunte v E Bottomley & Sons Ltd

Hunte v E Bottomley & Sons Ltd

The landlord's erection of a wall and closure of the roadway constituted a substantial derogation from grant and breach of the covenant for quiet enjoyment, as the lease did not permit the landlord to block access entirely under the guise of regulating traffic. The counterclaim for arrears and the dishonoured cheque was properly set off against the tenant's damages, and the claim for the value of the lease was sufficiently pleaded and properly awarded by the trial judge.

Parties
Appellant: Hunte; Respondent: E Bottomley & Sons Ltd
Jurisdiction
England and Wales
Judgment Date
16 October 2007
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Covenant of Quiet Enjoyment, Right of Way, Derogation From Grant, Counterclaim, Damages, Lease Interpretation
Landlord and Tenant Law Property Law Covenant of Quiet Enjoyment Right of Way Derogation From Grant Counterclaim Damages Lease Interpretation

Case Brief

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Parties

Hunte

Appellant

E Bottomley & Sons Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the landlord's erection of a wall and closure of a roadway constituted a breach of the covenant for quiet enjoyment and derogation from grant
  2. 2 Whether the landlord's actions breached the tenant's right of way under the lease
  3. 3 Whether the counterclaim for arrears of rent and a dishonoured cheque was properly set off against the tenant's damages claim

Ratio Decidendi

The landlord's erection of a wall and closure of the roadway constituted a substantial derogation from grant and breach of the covenant for quiet enjoyment, as the lease did not permit the landlord to block access entirely under the guise of regulating traffic. The counterclaim for arrears and the dishonoured cheque was properly set off against the tenant's damages, and the claim for the value of the lease was sufficiently pleaded and properly awarded by the trial judge.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for the claimant in the sum of £5,296 inclusive of interest stands; counterclaim dismissed; no further orders.