A
recent Supreme Court judgement found that a landlord had breached its
obligation to the other flat tenants to enforce the tenant covenants of the
flat leases by giving its consent to alterations which were prohibited by the
leases.
Certain leases, such as those contained in a block of flats or
multi-let buildings, contain obligations on the landlord to enforce the tenant
covenants of each lease in the building.
In the recent case of Duval v 11-13 Randolph Crescent Ltd, the
tenant’s lease prevented the tenant from cutting into any roofs, walls or
service media. The tenant intended to carry out works to her flat, which
included removing a load bearing wall. The landlord gave its consent to the
works and another tenant issued proceedings against the landlord on the grounds
that the landlord was not authorised to permit the works.
The Supreme Court unanimously found that the landlord’s
obligation to enforce the lease covenants resulted in the landlord being unable
to waive an absolute prohibition in the lease without the agreement of the
other tenants.
In taking steps to authorise an action which would otherwise
result in a breach, the landlord was prevented from complying with an
enforcement request from the other tenants and would deprive the flat tenants a
right of action against the breach.
The result of this case offers further protection to tenants of
multi-let buildings who have the benefit of enforcement action against other
tenants. Landlords should avoid doing anything which may put them in
contravention of an obligation to enforce the tenant covenants of a lease.
Please contact us if you have any questions relating to this
article or if you need further advice about entering into property transactions
during the current climate call 01484 821 500 or email
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