Commercial lease – landfill site – waste disposal – tenant’s obligations

Michael Ralph Winwood and others v Biffa Waste Services Limited and Biffa Holdings Limited [2011] EWCA Civ 108 (17 February 2011)

The appellant landlords sought to appeal the decision of the trial judge (Sir Edward Evans-Lombe) of preliminary issues as to the correct interpretation of a 99-year lease of a gravel pit granted to the defendants. The purpose of the lease was to enable B to deposit waste in the gravel pit and ultimately return the land to forestry use once the pit was full. The rent payable was variable with a higher rent being paid during landfill operations than during land restoration works.