Metropolitan Housing Trust Ltd v RMC FH Co. Ltd [2017] EWHC 2609 (Ch) (24 October 2017)

Metropolitan Housing Trust Ltd v RMC FH Co. Ltd [2017] EWHC 2609 (Ch) (24 October 2017)

A release by the headlessee of the right of light appurtenant to the headlease, so as to allow a third party to erect a building which would otherwise give rise to an actionable interference with such a right of light, would constitute permitting an encroachment upon or against the demised premises within the meaning of clause 3(12) of the headlease, if the encroachment might be or grow to the damage, annoyance, or inconvenience of the landlord. Accordingly, the headlessee is not entitled to release the right of light without breaching clause 3(12), unless the landlord has first released its own right of light.

Citation
[2017] EWHC 2609 (Ch)
Parties
Claimant: Metropolitan Housing Trust Limited; Defendant: RMC FH Co Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2017
Procedural Posture
Part 8 Claim (interpretation of Lease) / First Instance Judgment
Outcome
Declaration refused; headlessee not entitled to release right of light without breach of clause 3(12) unless landlord first releases its right.
Legal Topics
Rights of Light, Easements, Lease Interpretation, Covenants in Leases
Property Law Landlord and Tenant Rights of Light Easements Lease Interpretation Covenants in Leases

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Parties

Metropolitan Housing Trust Limited

Claimant

RMC FH Co Limited

Defendant

Procedural Posture

Part 8 Claim (interpretation of Lease) / First Instance Judgment

Legal Issues

  1. 1 Whether the headlessee is entitled to release rights of light appurtenant to the headlease without breaching clause 3(12) of the headlease.
  2. 2 Whether a release of rights of light by the headlessee constitutes permitting an encroachment contrary to clause 3(12).
  3. 3 Whether the freeholder can require the headlessee to take action to prevent encroachment under clause 3(12).

Ratio Decidendi

A release by the headlessee of the right of light appurtenant to the headlease, so as to allow a third party to erect a building which would otherwise give rise to an actionable interference with such a right of light, would constitute permitting an encroachment upon or against the demised premises within the meaning of clause 3(12) of the headlease, if the encroachment might be or grow to the damage, annoyance, or inconvenience of the landlord. Accordingly, the headlessee is not entitled to release the right of light without breaching clause 3(12), unless the landlord has first released its own right of light.

Court Disposition

Declaration refused; headlessee not entitled to release right of light without breach of clause 3(12) unless landlord first releases its right.