Residential leases: Case study: Clarifying a landlord’s obligations

Henderson Chambers (Chambers of Charles Gibson QC) | Property Law Journal | October 2020 #381
George Mallet considers the practical implications of the recent Supreme Court judgment in Duval In affirming the distinction between the absolute and permissive clauses, the Supreme Court implicitly re-affirmed the established principles on the construction of contractual terms as set out (inter alia) in Arnold. In Duval v 11-13 Randolph Crescent Ltd [2020], the Supreme …

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Landlord and tenant: A promise is a promise

Browne Jacobson LLP | Property Law Journal | June 2019 #372
David Harris considers the outcome of a case involving a mutual enforcement covenant and its implications ‘Landlords are much less likely in the future to agree to a tenant doing something perfectly reasonable and well-intentioned that would technically be in breach of an absolute covenant in the tenant’s lease.’ It cannot be often that the …

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