Leases of flats — Portion of ground floor of building to be used for relaxation and viewing river and to be subdivided into parts for use by each flat — Whether installation of shower room incompatible with such use — Claim dismissed
The claimant and the defendant were the respective tenants of two of the three flats in a riverside building. The defendant had the first-floor flat. The leases provided that the entire ground floor was within the common parts of the building and that it was to be used by the tenants for various stated purposes. One part, referred to as “the loggia”, was to be used for “relaxation and for viewing the river and/or used for the storage of chattels”. The loggia was to be subdivided into three equal parts for the use of each of the flats, and the tenants were entitled to demarcate their part by partitions, preferably made of brick.
The defendant proposed to construct a staircase from the first to the ground floor in order to enclose that part of the loggia allocated to its flat, and in order to install radiators and a shower room within the enclosure. The landlord and one of the tenants consented to the work, but the claimant sought an injunction to prevent it contending that it would constitute a breach of the lease. The claimant argued that the word “loggia” necessarily denoted some sort of open space.
Held: The claim was dismissed.
The word “loggia”, which normally denoted an open-sided gallery, could have little real meaning in the present context, given that the tenants were permitted to demarcate their space by the erection of a brick wall. The installation of a shower room was not incompatible with use for relaxation and viewing the river. The provisions of the leases permitted things that were ancillary and subservient to the primary purpose, and these would have included the provision of suitable sanitary facilities.
Helen Galley (instructed by TWM Solicitors LLP, of Epsom) appeared for the claimant; Jonathan Seitler QC (instructed by Beachcroft Wansbroughs) appeared for the defendant.
Sally Dobson, barrister
