Archive for September 2006
The Claimant Landlord claimed on account service charge payments from the Defendant Tenant and the latter counterclaimed in respect of the Landlord’s failure to carry out roof repairs at the relevant time. The Landlord had not used all reasonable endeavours to repair the roof and should and could have completed the works by the end of 2003. Accordingly The Tenant was entitled to recover damages on its counterclaim equal to the cost of the contributions to the roof repair sought by the Landlord and the instalment already paid by the Tenant and any future instalments.
The Claimant freehold property owners obtained a declaration that their property had the benefit of a right of way acquired by prescription over a track. Aggravated damages were awarded against the Defendant neighbour for interference with a right of way, as his behaviour was intimidatory, unpleasant and malicious.
Tamares (Vincent Square) Ltd. v Fairpoint Properties (Vincent Square) Ltd  EWHC 3589 (Ch) (04 September 2006)
The Claimant company was unsuccessful in its application for an injunction to prevent interference with its right to light in respect of four windows of its premises allegedly caused by a building owned by the Defendant as the Claimant had boarded up the windows throughout the entire prescription period so that no right to light was acquired in respect of the windows. Compensation by a small money payment would be adequate.