Nynehead Developments Ltd v RH Fibreboard Containers Ltd and others
Nynehead Developments Ltd v RH Fibreboard Containers Ltd and others
- 1999
- Estates Gazette Law Reports [1999] 02 EG 139-146(8) .
ChD 19 October 1998. In September 1982, the plaintiff landlord (N) granted the first defendant tenant (R) a 23-year lease on commercial premises consisting of three units. This granted rights to use a shared forecourt and an exclusive right to park vehicles on part of the forecourt for loading and unloading; and contained a covenant for quiet enjoyment on the part of the landlord. In 1993 and 1995 two further units were let to F and C on the same terms. F and C, in breach of their covenants, continually parked their vehicles on the forecourt, causing annoyance to R. N and R entered into correspondence regarding this, but no satisfactory conclusion was reached. In July 1996 R vacated the premises and in June 1997 withheld rent due to N. N issued proceedings claiming arrears of rent, the defendants contended that the landlord was in repudiatory breach, in authorising and encouraging the commission of a serious nuisance."Held" the claim for rent allowed and the counterclaim dismissed.
BREACH OF COVENANT
COMMERCIAL LEASES
COVENANT FOR QUIET ENJOYMENT
DEROGATION FROM GRANT
LANDLORD AND TENANT
NUISANCE
NYNEHEAD DEVELOPMENTS LTD V RH FIBREBOARD CONTAINERS LTD AND OTHERS
REPUDIATION
REPUDIATORY BREACH
ChD 19 October 1998. In September 1982, the plaintiff landlord (N) granted the first defendant tenant (R) a 23-year lease on commercial premises consisting of three units. This granted rights to use a shared forecourt and an exclusive right to park vehicles on part of the forecourt for loading and unloading; and contained a covenant for quiet enjoyment on the part of the landlord. In 1993 and 1995 two further units were let to F and C on the same terms. F and C, in breach of their covenants, continually parked their vehicles on the forecourt, causing annoyance to R. N and R entered into correspondence regarding this, but no satisfactory conclusion was reached. In July 1996 R vacated the premises and in June 1997 withheld rent due to N. N issued proceedings claiming arrears of rent, the defendants contended that the landlord was in repudiatory breach, in authorising and encouraging the commission of a serious nuisance."Held" the claim for rent allowed and the counterclaim dismissed.
BREACH OF COVENANT
COMMERCIAL LEASES
COVENANT FOR QUIET ENJOYMENT
DEROGATION FROM GRANT
LANDLORD AND TENANT
NUISANCE
NYNEHEAD DEVELOPMENTS LTD V RH FIBREBOARD CONTAINERS LTD AND OTHERS
REPUDIATION
REPUDIATORY BREACH