header-logo header-logo

Landlords stuck in the middle?

06 January 2021 / Edward Peters KC , Julia Petrenko
Issue: 7915 / Categories: Features , Property
printer mail-detail
35144
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll