Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd [electronic resource]
Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd [electronic resource]
- 2009
[2009] EWHC 295 (QB), 20 February 2009. A landlord's reservation on a lease to carry out surveys on the property does not extend to carrying out surveys that are deemed to be intrusive. The question before the judge concerned the construction of a commercial lease between Hallco 480 Ltd (H) as landlord and Kwik-Fit (K), as tenant and guarantor. H wanted to perform an "environmental investigation survey", pursuant to a clause in the lease that gave them the right to enter the premises for the purpose of making a survey. K refused permission and H unsuccessfully brought proceedings to obtain an order, and then appealed. H maintained that the word "survey" meant more than making plans or drawings as those activities were expressly mentioned in elsewhere in the lease. H argued that in the modern context a "survey" has a wider meaning. H also referred to the Law Society's conveyancing handbook that covered such leases and surveys. Held: Appeal dismissed. An environmental survey as intended to be carried out by H was not a survey within the meaning of the lease.
HERONSLEA (MILL HILL) V KWIK-FIT PROPERTIES
PATERSON V CRYSTAL PALACE FC
POSSFUND CUSTODIAL TRUSTEE LTD V KWIK-FIT PROPERTIES LTD
ENVIRONMENTAL SURVEYS
England and Wales--1543-
[2009] EWHC 295 (QB), 20 February 2009. A landlord's reservation on a lease to carry out surveys on the property does not extend to carrying out surveys that are deemed to be intrusive. The question before the judge concerned the construction of a commercial lease between Hallco 480 Ltd (H) as landlord and Kwik-Fit (K), as tenant and guarantor. H wanted to perform an "environmental investigation survey", pursuant to a clause in the lease that gave them the right to enter the premises for the purpose of making a survey. K refused permission and H unsuccessfully brought proceedings to obtain an order, and then appealed. H maintained that the word "survey" meant more than making plans or drawings as those activities were expressly mentioned in elsewhere in the lease. H argued that in the modern context a "survey" has a wider meaning. H also referred to the Law Society's conveyancing handbook that covered such leases and surveys. Held: Appeal dismissed. An environmental survey as intended to be carried out by H was not a survey within the meaning of the lease.
HERONSLEA (MILL HILL) V KWIK-FIT PROPERTIES
PATERSON V CRYSTAL PALACE FC
POSSFUND CUSTODIAL TRUSTEE LTD V KWIK-FIT PROPERTIES LTD
ENVIRONMENTAL SURVEYS
England and Wales--1543-