The lease contained a covenant against sub-letting. The tenant created a sub-lease in breach of that covenant and without the consent of the landlord.
Held: The head landlord was entitled to an injunction requiring the sub-tenant to surrender he sub-lease to the landlord’s tenant. The sub-tenant was fixed with notice of the covenant in the head lease, which was to be treated as a restrictive covenant. Equally the subtenant had committed the tort of inducing the tenant to break its contract with the landlord.
Judges:
Jacob J
Citations:
[1995] 1 EGLR 61, (1995) 09 EG 322, [1994] EWHC Ch 1, (1996) 71 P and CR 30
Links:
Jurisdiction:
England and Wales
Citing:
Applied – Tulk v Moxhay 22-Dec-1848
Purchaser with notice bound in Equity
A, being seised of the centre garden and some houses in Leicester Square, conveyed the garden to B in fee, and B covenanted for himself and his assigns to keep the garden unbuilt upon.
Held: A purchaser from B, with notice of the covenant, was . .
Applied – Esso Petroleum v Kingswood Motors (Addlestone) Ltd and Others 1974
The defendant entered into a five year solus tie agreement with the plaintiff which required the defendant before completing any sale or transfer of the garage or its business to notify Esso and procure such person to enter into a direct agreement . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 23 June 2022; Ref: scu.216554
