HM Revenue & Customs v Mayflower Theatre Trust Ltd

HM Revenue & Customs v Mayflower Theatre Trust 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 and the right of way. The landlord's power to regulate traffic did not justify total obstruction. The counter-claim was properly set off against the tenant's damages, and the claim for the value of the lease was sufficiently pleaded.

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

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Parties

Hunte

Appellant

E Bottomley & Sons Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the landlord breached the covenant of quiet enjoyment and the right of way by erecting a wall and closing access roads
  2. 2 Whether the landlord's counter-claim for arrears and dishonoured cheque should have succeeded
  3. 3 Whether the claim for the value of the lease was properly pleaded

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 and the right of way. The landlord's power to regulate traffic did not justify total obstruction. The counter-claim was properly set off against the tenant's damages, and the claim for the value of the lease was sufficiently pleaded.

Court Disposition

Appeal dismissed

Orders

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