Lawson v Hartley-Brown
Lawson v Hartley-Brown
- 1996
- Property and Compensation Reports [1996] 71 P&CR 242-256(8) .
CA 8 November 1995. Considers whether a tenant`s `quiet enjoyment` had been interrupted by building work to erect a further two storeys on top of the tenant`s one-storey extension and the question of rent arrears payable upon the determination of the lease. In the lower court the plaintiff tenant had been awarded a nominal £20 damages in respect of trespass over the flat roof and the loss of quiet enjoyment whilst the interim rent arrears was calculated at £6,967pa. On appeal the tenant was awarded £8,100 in damages as there was no evidence of loss of trade, 10% was deducted from the rent arrears figure.
COMPENSATION
COVENANT FOR QUIET ENJOYMENT
DEVELOPMENT
LAWSON V HARTLEY-BROWN
QUIET ENJOYMENT
RETAIL UNIT
TRESPASS
CA 8 November 1995. Considers whether a tenant`s `quiet enjoyment` had been interrupted by building work to erect a further two storeys on top of the tenant`s one-storey extension and the question of rent arrears payable upon the determination of the lease. In the lower court the plaintiff tenant had been awarded a nominal £20 damages in respect of trespass over the flat roof and the loss of quiet enjoyment whilst the interim rent arrears was calculated at £6,967pa. On appeal the tenant was awarded £8,100 in damages as there was no evidence of loss of trade, 10% was deducted from the rent arrears figure.
COMPENSATION
COVENANT FOR QUIET ENJOYMENT
DEVELOPMENT
LAWSON V HARTLEY-BROWN
QUIET ENJOYMENT
RETAIL UNIT
TRESPASS