London Borough of Southwark & anor v Mills & ors [1999] UKHL 40

Redevelopment: Keeping the peace

Andrew Ross provides some advice for landlords on how to carry out redevelopment works without interfering with their tenants’ quiet enjoyment ‘When negotiating leases, landlords should seek to include wording which expressly permits them to carry out works of construction, demolition, alteration or redevelopment to the premises themselves, to the building and/or estate in which …

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Case Round-Up 2016: Learning curve

Ed Socha and Matthew Prendergast set out valuable lessons from key cases in 2016 ‘The purpose of a qualified covenant is to protect the landlord from having their premises undesirably occupied. A landlord is not entitled to refuse consent on grounds unrelated to the landlord and tenant relationship.’ With one eye on the future, the …

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Remedies: A helicopter flight from Coventry

Andrew Skelly reviews the jurisdiction to award damages in lieu of an injunction ‘The judgment in Peires arguably marks a departure from the approach in Coventry when applying the balancing exercise between the right of a person to the undisturbed enjoyment of their property against the right of another person to use their own property …

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Landlord Repairs And Quiet Enjoyment: Parity not priority is Paramount

Nikolas Ireland analyses a case requiring the court to balance the competing interests of the parties to a lease ‘While the focus of the court was on the application for injunctive relief, one eye was firmly on the bigger picture and whether the covenant of quiet enjoyment would be breached by the landlord’s proposed method …

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