Duval v 11-13 Randolph Crescent Ltd: CA 18 Oct 2018

‘The issue on this appeal is whether the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of her flat, where the leases of other flats require him to enforce covenants at the request of a lessee of one of those other flats. DDJ Chambers answered that question ‘no’; but HHJ Parfitt disagreed with him and answered it ‘yes’. Covenants in this form are common in residential leases; and so the question raised by this appeal is an important one.’

Judges:

2018 Oct 10; 18
Lewison, Newey LJJ, Sir Stephen Richards

Citations:

[2018] EWCA Civ 2298, [2018] WLR(D) 652

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.625957