The ordinary principles that regulate the relationship of landlord and tenant apply to the letting of flats so far as concerns the premises actually demised1. However, while the demise of a whole building will prima facie include the roof and air space above the building, even if this is not mentioned in the demise2, no such presumption applies where the demise is of the roof of a small part of the building, in circumstances in which its use could affect tenants on other floors3. The position is different where a building has been divided horizontally into two flats and
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