Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants.
Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The tenants were obliged to carry on particular trades, and were protected against competition from others wanting to pursue the same trade. There was no provision to allow the local authority landlord to vary these provisions, and together these established a scheme directly enforceable between the tenants. Restrictions on trade between more than two parties required notification to the competition authorities. The issue of whether mutual enforceability of restrictive covenants within shopping parades required registration remained to be addressed.
Judges:
Simon Brown, Buxton, Carnwath LJJ
Citations:
Times 05-Dec-2002, Gazette 30-Jan-2003, [2002] EWCA Civ 1645
Links:
Statutes:
Law of Property Act 1925 84(12), Restrictive Trade Practices Act 1976, Competition Act 1998 2(4) Sch 13
Jurisdiction:
England and Wales
Citing:
Cited – St Marylebone Property Ltd v Tesco Stores Ltd 1988
Complaints were made by tenants in a block as to the behaviour of other tenants. A covenant in a lease granted in the early 1950s, restricted the user of premises to that of ‘grocers provisions wine spirit and beer merchants’. The premises had been . .
Cited – Re Ravenseft Properties Ltd’s Application 1978
A restriction in terms of the 1976 Act was not accepted merely by the agreement with the landlord. The tenant, in taking the lease, did not restrict a pre-existing freedom to trade on the demised premises, but rather obtained a new, but limited, . .
See also – Williams, Williams v Kiley (Trading As CK Supermarkets) CA 15-Jun-2004
Enforcement of user covenants . .
Cited by:
See Also – Williams, Williams v Kiley (Trading As CK Supermarkets) CA 15-Jun-2004
Enforcement of user covenants . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Commercial
Updated: 06 June 2022; Ref: scu.178346