Eaton Mansions (Westminster) Limited v Stinger Compania De Inversion SA  EWHC 1725 (Ch)
Stinger was the sub-tenant of two flats in a block, of which Eaton was the landlord. Eaton was itself a tenant under a headlease. Stinger erected various pieces of air-conditioning plant on the roof of the block without Eaton’s consent. Eaton sought damages for trespass. Stinger resisted the claim arguing that Eaton was not in a position to reasonably refuse consent to the air-conditioning plant.
The court awarded damages to Eaton. It found that the erection of the air-conditioning plant constituted a potential breach of Eaton’s headlease and therefore it would not have been unreasonable in withholding consent. The court was critical of Stinger’s conduct, finding that it had behaved in a high-handed manner and had resorted to trespass when it had been unable to achieve its aims lawfully.