Category: covenants

‘Residential leases can last a long time. A lot can change in 99 years or 999 years. What the landlord deemed an absolute “no-no” in 1965 might not seem such a bad idea now. However, following the Supreme Court’s decision in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18; [2020] PLSCS 84 if the landlord has given other leaseholders in the block the benefit of a mutual enforceability covenant, the landlord will put itself in breach of covenant if it gives a tenant permission to do something which would breach an absolute covenant. The consequences of this decision are potentially far reaching.’

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Tanfield Chambers, 13th May 2020

Source: www.tanfieldchambers.co.uk

‘The Court of Appeal decision in Dr Julia Duval v 11 – 13 Randolph Crescent Ltd [2018] EWCA Civ 2298 was a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants. That decision has been confirmed by the Supreme Court: [2020] UKSC 18.’

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Hardwicke Chambers, 12th May 2020

Source: hardwicke.co.uk

‘Two of the leases of 11-13 Randolph Crescent are held by the respondent, Dr Duval and a third lease Is held by Ms Martha Winfield. Each lease contains a covenant, clause 2.6, which prevents the lessee from making any alteration or improvement in, or addition to, the premises demised by the lease without the prior consent of the landlord. Each lease contains an absolute covenant, clause 2.7, which prevents the lessee from cutting into any roofs, walls, ceilings or service media. Clause 3.19 requires the landlord to enforce, at the request and cost of the lessee, certain covenants in the leases held by other lessees, including any covenant of a similar nature to clause 2.7. Mrs Winfield sought a licence from the landlord to carry out works to her flat which the landlord granted, subject to Mrs Winfield securing adequate insurance. Dr Duval then issued proceedings against the landlord seeking a declaration that the landlord did not possess the power to permit Mrs Winfield to act in breach of clause 2.7 of her lease. The landlord appealed to the Supreme Court.’

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UKSC Blog, 6th May 2020

Source: ukscblog.com