Encroaching Darkness – An Intriguing Case On Rights To Light

In Metropolitan Housing Trust Limited v. RMC FH Co Limited [2017] EWHC 2609 (Ch) the High Court looked at the issue of whether a long leaseholder had the right to release a development site from a right to light. The court held that the long leaseholder was prevented by the terms of the lease from granting the release. The case marks a controversial change in the approach to considering a tenant's ability to release its rights in respect of its leasehold interest in premises and will prompt developers to think very carefully about who needs to be party to any releases.

Background

RMC owns the freehold of a property on Royal Mint Street in east London (the Property). Metropolitan is the long leaseholder of the Property by virtue of a lease granted in 1987 (the Lease). Shortly after the Lease was granted, Metropolitan constructed a block of flats on the Property.