Metropolitan Housing Trust Ltd v RMC FH Co. Ltd

Metropolitan Housing Trust Ltd v RMC FH Co. Ltd

A release by the headlessee of the right of light appurtenant to the headlease, so as to allow the developer to erect a building which would otherwise interfere with such right, would constitute permitting an encroachment upon or against the demised premises and breach clause 3(12) if the encroachment might be or grow to the damage, annoyance, or inconvenience of the landlord.

Parties
Claimant: Metropolitan Housing Trust Limited; Defendant: RMC FH CO Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2017
Procedural Posture
Civil / Judgment
Outcome
Declaration sought by the headlessee refused.
Legal Topics
Right of Light, Lease Interpretation, Easements, Prescription, Nuisance
Property Law Landlord and Tenant Right of Light Lease Interpretation Easements Prescription Nuisance

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Parties

Metropolitan Housing Trust Limited

Claimant

RMC FH CO Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the headlessee is entitled to release the right of light appurtenant to the headlease
  2. 2 Interpretation of clause 3(12) of the headlease
  3. 3 Whether a release of the right of light constitutes a breach of lease covenants

Ratio Decidendi

A release by the headlessee of the right of light appurtenant to the headlease, so as to allow the developer to erect a building which would otherwise interfere with such right, would constitute permitting an encroachment upon or against the demised premises and breach clause 3(12) if the encroachment might be or grow to the damage, annoyance, or inconvenience of the landlord.

Court Disposition

Declaration sought by the headlessee refused.