Barry Maguire & Anor v Sathita Phanphet & Anor
Decision date: 24 October 2025
Neutral citation: [2025] UKUT 361 (LC)
Overall AI summary confidence: high
Short overview
This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.
AI confidence in this short overview: high
This appeal concerned whether first‑floor lessees breached lease covenants by carrying out refurbishment works at 25 Ronald Park Avenue. The Upper Tribunal held the First‑tier Tribunal had erred in law in construing the covenant against removal of the lessor's fixtures and found that five internal doors, skirting boards, the kitchen, the bathroom and a stud wall had been removed without consent. The UT rejected the freeholder's complaints about insurance (no insurer or expert evidence) and confirmed the FTT was entitled not to reopen contested findings on nuisance/noisy works on the record before it.
Ratio decidendi
This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.
AI confidence in this ratio decidendi summary: high
The covenant prohibiting removal of the lessor's fixtures without consent is breached by removal even where the fixtures are replaced; unauthorised removal (not mere replacement) suffices. Allegations that tenant works have affected the building's insurance require evidential proof linking the works to insurer reaction or increased premium (owner assertions alone are insufficient).
Obiter dicta
This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.
AI confidence in this obiter dicta summary: medium
The tribunal observed that specialist or insurer evidence would generally be required to establish that tenant works have jeopardised or increased insurance cover or premiums. It also suggested that a covenant against "unreasonable noise" can be read generically to cover noisy building works as well as the specific examples listed.