Hunte v E Bottomley & Sons Ltd [2007] EWCA Civ 1168 (16 October 2007)

Hunte v E Bottomley & Sons Ltd [2007] EWCA Civ 1168 (16 October 2007)

The landlord's erection of a wall and closure of the roadway constituted a substantial derogation from grant and breach of the covenant of quiet enjoyment and right of way. The landlord's power to regulate traffic did not justify complete obstruction. The judge properly set off the counter-claim against the claim...

Source-derived case information.

Citation
[2007] EWCA Civ 1168
Parties
Appellant: Hunte; Respondent: E Bottomley & Sons Ltd
Jurisdiction
England and Wales
Judgment Date
16 October 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Covenant of Quiet Enjoyment, Right of Way, Derogation From Grant, Lease Interpretation, Counter Claim, Setoff
Landlord and Tenant Property Law Contract Law Covenant of Quiet Enjoyment Right of Way Derogation From Grant Lease Interpretation Counter Claim +1 more

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Parties

Hunte

Appellant

E Bottomley & Sons Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the landlord breached the covenant of quiet enjoyment
  2. 2 Whether the landlord breached the right of way granted by the lease
  3. 3 Whether the landlord's actions constituted a derogation from grant

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 of quiet enjoyment and right of way. The landlord's power to regulate traffic did not justify complete obstruction. The judge properly set off the counter-claim against the claim for damages, and no procedural error warranted overturning the judgment.

Court Disposition

Appeal dismissed

Orders

  • Judgment for claimant in sum of £5,296 inclusive of interest
  • Counter-claim dismissed