Starfield & Starfield v Randles Brothers & Hudson [1911] ZAWLD 40 (14 September 1911)

Landlord and tenant - Quiet Enjoyment - Commodus Usus - Leave and Licence - Power of Grantee to Revoke - Leave to put window in wall - Nuisance - Building Operations in a Town

In December, 1908, respondents leased a building of four storeys, in Johannesburg, to the applicants for a period of five years. In July, 1909, the applicants asked the respondents to allow them to place a window in the eastern side of the first fioor of the said building, overlooking a vacant stand belonging to a third person, and the respondents consented. The owner of the adjoining stand also consented, but stipulated that the window should be closed up in the event of a building being erected on the stand. The window was built, and thereafter one of the partners of the respondent firm purchased the said stand. In August, 1911, the respondents withdrew their leave and licence in respect of the said window, demanded that it should be blocked up, and began to erect a building on the said stand.

Held, that the respondents were entitled to withdraw their leave
and licence and to block up the said window. 

Quaere whether in the case of an urban lease a landlord is entitled to interfere with the commcidus usus of his tenant by erecting a building contiguous to the leased premises in such a way as to reduce in part the light coming to windows in existence at the beginning of the lease.

Building operations carried on in a reasonable manner for the purpose of erecting business premises in a town do not constitute an actionable nuisance.