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

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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