BLP advises Timothy Taylor Limited in landlord dispute
The High Court has handed down its decision in the case of Timothy Taylor Limited v Mayfair House Corporation & Anr relating to the conflict between a landlord’s right to carry out works to adjoining premises, and its covenant to an existing tenant for quiet enjoyment.
International law firm Berwin Leighton Paisner LLP successfully advised Timothy Taylor Limited, which runs an art gallery in Mayfair, London, in a dispute with its landlord, Mayfair House Corporation, over works being carried out by the landlord immediately above the gallery’s premises.
Timothy Taylor Limited succeeded in its claim, with a finding that the manner in which the landlord has been carrying out refurbishment works at Carlos Place was in breach of its covenant for quiet enjoyment under the terms of the gallery’s lease. In particular the design of the scaffolding and the failure to consult and provide sufficient information to enable the gallery to plan around the worst of the noise was found to be unreasonable.
The Court has awarded the gallery damages to compensate it for the disruption it has experienced since August 2014, until the scaffolding is removed and the noisy works subside.
BLP Real Estates Disputes Partner, Joanna Lampert, said: “We are delighted to have achieved this result for our client. This decision helps to add further clarity to the manner in which landlords should balance their own development rights with their obligations to existing tenants, which we believe will be of interest and assistance to developers and occupiers alike”.