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Saeed v Plustrade Ltd

Series: Estates Gazette ; [2002] 25 EG 154-160(7)Publication details: 2002Subject(s): Summary: CA, 20 December 2001. Claimant tenant (S) held a long lease in a flat owned by the defendant landlord (P). A predecessor of P, Cabtell, had granted the lease with a specified parking right. When S acquired her flat, there was a designated parking area for 13 cars in the forecourt. For a period of three years P carried out refurbishment work to the block of flats, preventing parking in the forecourt and ultimately reducing the number parking spaces from 13 to four. P told S that she had no right to park and that it was not in breach of the lease terms. It was found that S had an easement to park, P's scheme of four parking spaces interfered with that right to park, as did the refurbishment work. On this basis S was awarded £6 300 damages. P appealed. "Held": appeal dismissed; the tenant's rights were binding on the landlord as an overriding interest under the Land Registration Act 1925 s70(1)(g).
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Law report London Journal article ABS65750 (Browse shelf(Opens below)) 1 Available 119055-1001

CA, 20 December 2001. Claimant tenant (S) held a long lease in a flat owned by the defendant landlord (P). A predecessor of P, Cabtell, had granted the lease with a specified parking right. When S acquired her flat, there was a designated parking area for 13 cars in the forecourt. For a period of three years P carried out refurbishment work to the block of flats, preventing parking in the forecourt and ultimately reducing the number parking spaces from 13 to four. P told S that she had no right to park and that it was not in breach of the lease terms. It was found that S had an easement to park, P's scheme of four parking spaces interfered with that right to park, as did the refurbishment work. On this basis S was awarded £6 300 damages. P appealed. "Held": appeal dismissed; the tenant's rights were binding on the landlord as an overriding interest under the Land Registration Act 1925 s70(1)(g).