Aldin v Latimer, Clark, Muirhead & Co [1892] 2 Ch 437
Property law; lease of land; obligation of landlord not to interfere.
Facts: Munro owned some land and buildings where he carried on a timber business. He leased part of the land and buildings to Aldin, with the express provision that Aldin would continue running the timber business. With Munro's permission, Aldin installed some ventilators in the timber sheds. Some time later, Munro sold the land to Latimer, Clark, Muirhead & Co, who took over as Aldin's landlord. This company then erected some tall buildings on the unleased part of the land. These buildings interfered with the flow of air to Aldin's ventilators.
Issue: Was the landlord under an obligation not to interfere with Aldin's use of the leased land in carrying on the timber business?
Decision: The property had been leased for the purposes of carrying on a timber business and the landlord was under an obligation not to do anything that would interfere with the ordinary carrying on of that business. Aldin was entitled to compensation for the interference caused by the newly constructed buildings.
Reason: Stirling J said (at 444):
'[W]here a landlord demises part of his property for carrying on a particular business, he is bound to abstain from doing anything on the remaining portion which would render the demised premises unfit for carrying on such business in the way in which it is ordinarily carried on'.