The Court was asked 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, but for the licence, would breach a covenant in the lease of his or her flat, where the leases of the other flats require the landlord to enforce such covenants at the request and cost of any one of the other lessees. Clause 2.6 contained a qualified covenant as to licensing of lesser works, and clause 2.7 an absolute covenant against licensing of more serious works. By clause 3.19, the Landlord covenanted at the request suitably framed of a tenant to enforce the covenants in 2.6 and or 2.7.
Held: The appeal was dismissed. The landlord would not put it out of its power to enforce clause 2.7 in the lease of the offending lessee by licensing the activity that would otherwise be a breach of that clause. The clause is an absolute covenant and, under clause 3.19, the complainant lessee is entitled, on provision of security, to require the landlord to enforce it as an absolute covenant. Clause 2.7 was not a clause limiting the application of clause 2.6.
The work that Mrs Winfield wished to carry out would have involved, among other things, cutting into and removing a substantial portion of a load bearing wall at basement level and excluded from the demise of her flat. In my view the parties were right to agree that this work would fall within the scope of clause 2.7 and it seems to me to be entirely appropriate that works of this kind should require the consent of the other lessees, including Dr Duval.
Judges:
Lady Hale, Lord Carnwath, Lady Black, Lord Kitchin, Lord Sales
Citations:
[2020] UKSC 18, [2020] 2 P and CR DG12, [2020] 4 All ER 537, [2020] 2 WLR 1167, [2020] 2 P andCR 14, [2020] HLR 31, [2020] AC 845, [2020] L and TR 23, UKSC 2018/0211
Links:
Bailii, Bailii Press Summary, Bailii Issues and Facts, 2019 10 10 am Video, 2019 10 10 pm Video, SC, SC Summary, SC Summary, SC Summary Video
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited – Ogdens Ltd v Nelson KBD 30-Jun-1903
Lord Alverstone CJ said: ‘It is, I think, clearly established as a general proposition that where two persons have entered into a contract, the performance of which on one or both sides is to extend over a period of time, each contracting party is . .
Cited – Short v Stone 20-Jan-1846
The defendant agreed to marry the claimant within a reasonable time after request. He broke that agreement by marrying somebody else before the request had been made, and in that way put it out of his power to comply with the request, if it were . .
Cited – Caines v Smith 26-Jan-1847
The defendant acted in breach of his promise to marry the claimant by marrying another woman.
Held: It was no answer that the claimant had not asked the defendant to fulfil his promise before issuing proceedings. . .
Cited – Shirlaw v Southern Foundries (1926) Ltd HL 1940
Where a party enters into an arrangement which can only take effect by the continuance of an existing state of circumstances, there is an implied engagement on his part that he will do nothing of his own motion to put an end to that state of . .
Cited – Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance.
Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause . .
Cited – Luxor (Eastbourne) v Cooper HL 1941
The vendor company had instructed agents to sell properties on its behalf and had agreed to pay commission on completion of the sale. The sale was agreed with a prospective purchaser introduced by the agents. Before the sale was completed, the . .
Cited – William Stirling The Younger v Maitland And Boyd 1864
Cockburn CJ stated: ‘I look on the law to be that, if a party enters into an agreement which can only take effect by the continuance of a certain existing state of circumstances, there is an implied engagement on his part that he shall do nothing of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 05 October 2022; Ref: scu.650615