Quiet enjoyment of the arts

Timothy Taylor Ltd v Mayfair House Corporation and Another (2016) 30 COL 05 2310, [2016] EWHC 1075 (Ch), 10 May 2016

This is an interesting decision by the High Court on the quiet enjoyment of premises under a lease. The tenant operated an art gallery in the premises, but the landlord’s, contractors began the construction of new apartments from the first floor upwards, and those works were expected to be concluded by August 2016. The tenant complained that the noise generated by the works and the encasing of the whole building in scaffolding had substantially interfered with its use and enjoyment of the premises as an art gallery. The High Court took into account the fact that the premises were let for use as a high-class art gallery in the centre of Mayfair for a high rent. The scaffolding, however, gave the impression to outsiders that the gallery had entirely disappeared and was now part of a building site, and the main hoist was placed right outside the door of the gallery. High levels of noise were also experienced on a daily basis. The landlord had therefore acted unreasonably, and damages were assessed at 20% of the rent from August 2014 until the completion of the works. The High Court’s approach to the circumstances of the tenant is welcomed, and landlords should take extra care in the future to liaise with tenants in order to minimise the disturbance caused by building works.