header-logo header-logo

15 October 2010 / James Naylor
Issue: 7437 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Whodunit?

James Naylor investigates the importance of interpretation

If it wasn’t quite a case of legal whodunit in Roadside Group Limited v Zara Commercial Limited [2010] EWHC 1950 (Ch) it wasn’t far off, in this helpful user covenant case. On appeal, the High Court investigated whether a sub-tenant could put a tenant in breach of its parking covenants. In deciding the case, the High Court provided useful guidance on interpreting user covenants, and, in particular, the effect of a draughtsman using an “active” or “passive” voice.

Z granted an underlease to R of a petrol station, car showroom (with two flats over it), service garage and hard standing. Z retained further land adjacent to and to the south of R’s demised premises. The underlease contained a parking user covenant: “Not to use the demised premises or any part thereof for the sale of motor vehicles by auction or for the parking of motor vehicles for sale on any forecourt” (the Parking Covenant).

R then granted a sub-lease of part to Triple Eight “which for some time

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll