Weekly review: 27th – 31st August 2012

Leases: no lease of the bare surface of a wall

There can be no lease of the bare surface of a wall (though there can be a lease of a wall) (Leung Kwok-Kau v Tam So-Wa).

Leases: co-owners: remedies: distress

A single co-owner can apply for a warrant for distress without the need of the other’s express authority but in the names of both of them (Au Wing Lun v Cheung Chun Wah and Landlord and Tenant (Consolidation) Ordinance, s. 107)

Leases: covenant for quiet enjoyment: breach of duty

A landlord owning property next to the demised premises can be in breach of the covenant for quiet enjoyment where the special circumstances are such as to impose a duty of care on him to keep his own property in repair so as to avoid damage to his neighbouring tenant’s property and he fails to discharge that duty of care (Booth v Thomas).

Leases: covenant for quiet enjoyment: easements

The implied covenant for quiet enjoyment is displaced by an express covenant in substantially the same terms even if the latter is qualified in some way. The right to use a toilet in neighbouring property can be an easement (Miller v Emcer Products Ltd).

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