Ahead of the Supreme Court hearing of the appeal in Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298; [2018] PLSCS 177 on 10 October, Laura Bushaway – a knowledge development lawyer at Charles Russell Speechlys LLP – explains the significance of the case to landlord and tenant law.
Duval raises the question: Is a landlord of a block of flats entitled, without breach of covenant, to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of her flat, where the leases of other flats on similar terms require the landlord to enforce covenants at the request of a lessee of one of those other flats?
Bushaway addresses the arguments involved, how the lower courts have handled the case before now, and the impact the Court of Appeal’s judgment will have if ultimately upheld by the Supreme Court.
