Fivaz (applicant/respondent) –v- Marlborough Knightsbridge Management Ltd (respondent/appellant)
Tuesday 29th June 2021
The Marlborough Knightsbridge Management Ltd appeal the decision of the Upper Tribunal (Lands Chamber) dated 29 April 2020, HHJ Stuart Bridge sitting, allowing the Tenant’ (Mr Fivaz)’s appeal against the decision of the First tier Tribunal Property Chamber (Residential Property) dated 26 June 2019.
Issue of construction of the Tenant’s lease and in particular clause 3 (4).
On 27 March 2019 Marlborough applied to the FTT for a determination under s168 (4) of the Commonhold and Leasehold Reform Act 2002 that a breach of covenant had occurred. The subject property comprised 2 flats, let on a long residential lease to the tenant. In 2014, despite a covenant not to remove any of the landlord’s fixtures, the tenant replaced the external doors to the flats. The FTT found there was a breach of covenant.
The tenant submitted to the UT that the FTT failed to identify with sufficient precision what covenant had been broken by the tenant. The UT decided the entrance doors were not “landlord’s fixtures” for the purposes of clause 3 (4) and that in removing the doors the tenant did not breach clause 3 (4).
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