Absolute prohibitions in leases: Taking control

Mark Shelton Training | Property Law Journal | September 2019 #374
Mark Shelton considers the intricacies of covenants seeking to limit tenants’ actions ‘Absolute prohibitions usefully give landlords a high degree of control. However, there may be significant disadvantages.’ Landlords typically seek to exercise control over what tenants may do upon a property by provision in the lease that certain things may only be done with …

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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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