Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A.

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A.

The Claimant did not act unreasonably in withholding consent for the retention of the air conditioning apparatus, as the freeholder (Grosvenor) had not given and would not have given consent, and the lease covenant prohibited such alterations. The Defendant had no real prospect of successfully defending the claim, and summary judgment was appropriate.

Parties
Claimant: Eaton Mansions (Westminster) Ltd; Defendant: Stinger Compania de Inversion S. A.
Jurisdiction
England and Wales
Judgment Date
09 July 2010
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment for the Claimant; damages to be assessed.
Legal Topics
Trespass, Alteration Covenants, Summary Judgment, Landlord's Consent, Estoppel
Property Law Landlord and Tenant Trespass Alteration Covenants Summary Judgment Landlord's Consent Estoppel

Case Brief

Summary, issues, holding and outcome

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Parties

Eaton Mansions (Westminster) Ltd

Claimant

Stinger Compania de Inversion S. A.

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Claimant unreasonably withheld consent for the installation and retention of air conditioning apparatus on the roof and chimney stack of the building
  2. 2 Whether the Defendant's actions constituted trespass
  3. 3 Whether the Claimant is estopped from refusing consent

Ratio Decidendi

The Claimant did not act unreasonably in withholding consent for the retention of the air conditioning apparatus, as the freeholder (Grosvenor) had not given and would not have given consent, and the lease covenant prohibited such alterations. The Defendant had no real prospect of successfully defending the claim, and summary judgment was appropriate.

Court Disposition

Summary judgment for the Claimant; damages to be assessed.

Orders

  • Judgment for the Claimant with damages to be assessed.