Duval v Randolph Crescent Ltd – Licence to alter contrary to absolute covenant – Landlord precluded

On 6 May 2020, in Duval V Randolph Crescent Ltd, the Supreme Court handed down their judgment in what will become a leading landlord and tenant case. The question at issue was whether a landlord of a block of flats is entitled, to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in that lessee’s lease, where the leases of other flats on similar terms require the landlord to enforce covenants at the request of a lessee of one of those other flats. The Supreme Court upheld the Court of Appeal decision, continue reading

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Art Is To Be Enjoyed Quietly

In Timothy Taylor V Mayfair House Corporation [2016], a lessee who ran a high quality art gallery in Mayfair succeeded in it’s claim that the landlord was carrying out refurbishment works to the building which were in breach of its lease covenant for quiet enjoyment.  In this respect, the design of the scaffolding, the noise and the failure to inform, consult or compensate the gallery was found to be unreasonable. The gallery had been virtually cocooned by the sheeted scaffold, such that it was all but invisible to passers-by. The lessee said that its potential clients had also been deterred, continue reading

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