Heronslea (Mill Hill) Ltd v Kwik-Fit Properties Ltd [electronic resource]
Language: English Publication details: 2009Subject(s): Online resources: Summary: [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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Book | London Books | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 147165-1001 |
[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.