Windsor-Clive & Ors v Rees & Anor

Windsor-Clive & Ors v Rees & Anor

The rights of entry under the tenancy agreements are limited to entry for reasonable purposes connected with the landlord-tenant relationship, primarily inspection and observation, and do not extend to intrusive activities such as digging or significant interference with possession. There is no strong probability of future unlawful obstruction by the defendants, nor risk of irremediable harm, so a final injunction is not warranted.

Parties
Claimant: The Honourable Ivor Edward Other Windsor-Clive, Earl of Plymouth; Claimant: Lady Emma Windsor-Clive; Claimant: The Honourable David Justin Windsor-Clive; Defendant: Jenkin Thomas Rees; Defendant: Phillip Rees
Jurisdiction
England and Wales
Judgment Date
18 April 2019
Procedural Posture
Civil / Final Judgment After Trial of Claim for Permanent Injunction
Outcome
Claim for permanent injunction refused; declarations to be made as to scope of rights of entry; costs and consequential matters reserved.
Legal Topics
Construction of Lease Provisions, Rights of Entry, Quiet Enjoyment, Derogation From Grant, Injunctions
Land Law Landlord and Tenant Construction of Lease Provisions Rights of Entry Quiet Enjoyment Derogation From Grant Injunctions

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Parties

The Honourable Ivor Edward Other Windsor-Clive, Earl of Plymouth

Claimant

Lady Emma Windsor-Clive

Claimant

The Honourable David Justin Windsor-Clive

Claimant

Jenkin Thomas Rees

Defendant

Phillip Rees

Defendant

Procedural Posture

Civil / Final Judgment After Trial of Claim for Permanent Injunction

Legal Issues

  1. 1 Proper construction of landlord's rights of entry under tenancy agreements
  2. 2 Whether the landlord is entitled to an injunction restraining interference with rights of entry
  3. 3 Scope of permissible activities under rights of entry clauses

Ratio Decidendi

The rights of entry under the tenancy agreements are limited to entry for reasonable purposes connected with the landlord-tenant relationship, primarily inspection and observation, and do not extend to intrusive activities such as digging or significant interference with possession. There is no strong probability of future unlawful obstruction by the defendants, nor risk of irremediable harm, so a final injunction is not warranted.

Court Disposition

Claim for permanent injunction refused; declarations to be made as to scope of rights of entry; costs and consequential matters reserved.

Orders

  • No final injunction granted.
  • Declarations to be made reflecting the scope of the claimants' rights of entry as construed in the judgment.