Edward Peters & Julia Petrenko examine the Supreme Court’s warning to landlords who find themselves caught between leaseholders
- In Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18, the Supreme Court held that a landlord could not, without a breach of covenant, grant a licence to a lessee to undertake works which, absent the licence, would have amounted to a breach of covenant in circumstances where the other leaseholders could require the landlord to enforce tenant covenants.
- Practitioners should be aware that grant of a licence to one tenant by the landlord could leave the landlord exposed to a potential claim by the other leaseholders.
2020 has, for many people, been spent at home. In those circumstances, household jobs which might previously have been pushed to the bottom of the to-do list have become more pressing, and it is not surprising to hear that some home improvement stores have achieved record sales this year. Property practitioners will no doubt be familiar with advising on the construction tenant covenants
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