Mayfair art dealer in noise nuisance battle with landlord

A high- end art dealer in Mayfair is seeking around £1m in damages from its landlord over alleged noise and disturbance from redevelopment work being carried out to the floors above its gallery. The Timothy Taylor gallery, in Carlos Place, Mayfair, says that ongoing redevelopment work being carried out by its landlord, Mayfair House Corporation, to residential accommodation above has cost it more than £800,000 in lost profits up to the end of 2015. It is seeking further damages, and a court order controlling the impact of future work, in a case that raises the question of how the law deals with the need to balance competing covenants in a lease, when events involve a potential clash between the tenant’s right to quiet enjoyment and the landlord’s own rights. Timothy Taylor, which occupies the ground floor and basement under a £530,000 a year lease, complains about the noise and disturbance involved during the works to the five floors above. It says it has endured extensive and oppressive noise and vibration since November 2014, causing employees to suffer nausea and headaches, affecting staff morale and even requiring the gallery to close to the public at times, while unsightly scaffolding erected across the building has damaged trade since August 2014. In a witness statement before the court, Taylor said:  “It is hard to convey in words how disturbing the landlord’s works have been for me and the business that I have built up over the past 20 years. The inconsiderate treatment that I have experienced at the hands of the landlord and their reckless disregard for the impact of the works on the gallery was totally unexpected.” As well as damages under several heads, Timothy Taylor seeks an injunction preventing the landlord from carrying out certain works in a manner which would require it to vacate the premises, and an order requiring the landlord to use all reasonable endeavours to stay within certain noise limits. The landlord, defending the claim, argues that its tenant knew about the proposed works back in 2007 when the present lease was granted. In addition, it is counterclaiming that Timothy Taylor has unlawfully refused to grant access to its premises, as required by the lease. Deputy Judge Alan Steinfeld QC will rule in writing at a later date. The development work involves the creation of a west facing extension between 14 Carlos Place and the mews house at 7/48 Adams Row, with building work over 15 Carlos Place, the pushing out of the west-facing walls of the flats on the second, third and fourth floors and the rebuilding, within a mansard design structure, of the fifth floor to take advantage of the greater floor area available. This will increase the height of the roof and create a sunken roof garden.