The respondent argued that the power given to the Lands Tribunal by the section, did not extend to a power to vary a positive covenant.
Held: It could not be right to construe the obligation in the lease as a positive obligation rendering the tenant liable to finding himself in breach of covenant in circumstances which he had no power to prevent. The parties could not have intended that result in 1951. If they had, it would have been clearly spelt out. If estate management considerations were behind the covenants then provision would have been made for another respectable tenant to be substituted.
Citations:
[2004] EWCA Civ 1688
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Blythe Corporation’s Application 1962
A covenant required the purchasers to erect and maintain a chain link fence.
Held: The covenant was a positive personal covenant between the original vendor and the original purchaser and was not a restrictive covenant. The Lands Tribunal . .
Cited – Westminster City Council v Duke of Westminster ChD 1991
There was a covenant that the premises should not ‘be used for any art trade or business or profession whatsoever . . ‘ but should be ‘kept and used only for the purposes of the Grosvenor Housing Scheme as dwellings for the working classes . . ‘. . .
Cited – Abbey Homesteads (Developments) Limited v Northamptonshire County Council CA 1986
Clause 1 of an agreement between a company and the District Council required that the land should be sold subject to the conditions restricting and regulating the development. A clause provided ‘An area of 1.3 hectares adjacent to the playing field . .
Cited – Montross Associates Investments SA v Moussaieff CA 1992
A covenant prohibited the lessee from carrying on a number of unacceptable trades and activities but ended, ‘but will use the demised premises either for the business of high class retailers of jewellery and/or antiques and/or luxury goods and/or . .
Cited – Montross Associates Investments SA v Moussaieff ChD 1990
A covenant prohibited the lessee from carrying on a number of unacceptable trades and activities but ended, ‘but will use the demised premises either for the business of high class retailers of jewellery and/or antiques and/or luxury goods and/or . .
Cited – F L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 27 June 2022; Ref: scu.220270
