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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Courtney Lodge Management Ltd. v Blake  EWCA Civ 975 (01 July 2004)
Cite as:  EWCA Civ 975
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BOW COUNTY COURT
(MR RECORDER T J A HOOPER QC)
B e f o r e :
Sir Andrew Morritt
LORD JUSTICE CHADWICK
LORD JUSTICE SEDLEY
|COURTNEY LODGE MANAGEMENT LTD||Claimant/First Respondent|
|ANDREW CHARLES BLAKE||First Defendant/Appellant|
|ATLANTIC LODGE (LONDON) LTD||Second Defendant/Second Respondent|
|MR A MAKENGO||Third Defendant|
|MRS A MAKENGO||Fourth Defendant|
|MS A WOOD||Fifth Defendant|
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MR J CLARGO (instructed by Porter & Jaskel of London) appeared on behalf of the First Respondent
MR GIBBON (instructed by Christos Wybrew of Enfield) appeared on behalf of the Second Respondent
The Third, Fourth and Fifth Defendants were not represented and did not attend
Crown Copyright ©
"the Original lessee and the successors in title of the Original lessee ..... "
Clause 4 (ix) contained a covenant by the tenant -
"That the Lessee ..... will not do or suffer to be done thereon or upon any part of the Lessor's Demised Premises any other thing which may be or become a nuisance annoyance or inconvenience to the Lessor or to the owners lessees or occupiers of other parts of the Lessor's property ..... "
Clause 7 contained a right of re-entry in conventional form.
"2A The above-mentioned covenant at 1A above has been broken and the particular breaches complained of are that you have suffered to be done upon the demised premises and upon the landlord's demised premises acts which have caused and continue to cause nuisance, annoyance and inconvenience to the landlord and to the owners, lessees and occupiers of other parts of the landlord's property. Details are set out on the schedule attached."
The schedule attached sets out details of breaches of the covenants under eight headings, starting with domestic disturbances and ending with loudspeaker noise causing nuisance to other occupiers of the building, and a concluding statement that as a result of the numerous incidents police have been called to the flat on at least six separate occasions. Reverting to the body of the notice, paragraphs 3 and 4 state:
"3 We require you to remedy the aforesaid breaches and make compensation to the landlord in money for such breaches.
4 On your failure to comply with this notice within a reasonable time from the date of service, it is the intention of the landlord to re-enter upon the said premises and forfeit the said lease and claim damages for the breaches of covenant."
"Please take this letter as written instruction to terminate the tenancy agreement with regard to the current tenant. Please note that I am happy for a tenancy agreement to remain in place however, I hereby seek removal of the current tenant with immediate effect.
Would you please ensure that the property is made available for inspection at point of eviction, as it has been brought to my attention that the property, may have been treated in an inappropriate way. If you wish to carry out remedial work prior to inspection please take this letter as written permission to carry out such work.
I also ask that in the event of remedial work being necessary that you are mindful of the other residents at Courtney Lodge, causing as little disruption as possible.
Please would you confirm receipt of this letter and its contents in writing and would you also confirm the proposed action and timescale that you anticipate taking."
" ..... it is Atlantic Lodge (London) Limited who have installed the current tenant. It is for them to obtain possession from that tenant. Please advise Atlantic Lodge (London) Limited that if they do not obtain possession from the tenant then we may have to consider taking action under our client's agreement with their company."
That letter was sent by Mr Blake's solicitors to the solicitors for Courtney Lodge.
"I think there may well be as a matter of construction substantial difference between the word 'permit' and the word 'suffer'. But as I say it is not material to consider it here. The word in the case before me is 'suffer', and any way that must cover allowing something to be done which the covenantor has the complete power to prevent."
Order: Appeal allowed with the costs of the appellant here and below to be paid by first respondent up to 75 per cent. Costs of second respondent to be paid by first respondent here and below up to 75 per cent. To be detailed assessment of costs.