A sublease clause permitting a sublessee to 'make use of' shared facilities 'at reasonable times on prior arrangement' confers a contractual right of access, not a discretionary entitlement dependent on the sublessor's willingness. A sublessor's discretion to 'designate' areas as shared facilities is limited to the initial designation and re-designation of areas, and cannot be exercised to exclude a particular tenant. A sublessor cannot attach conditions to access (such as insurance requirements or licensing information) that are not expressed in the sublease. Where a trial judge's adverse credibility findings are based on an incorrect interpretation of the witness's contractual rights, those findings may be set aside on appeal.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.