On 6 May 2020 the Supreme Court handed down its much-awaited judgment in Duval v 11-13 Randolph Crescent Ltd. The Court clarified the obligations of landlords of blocks of flats or other multi-let estates where, as is commonly the case, the landlord has covenanted with each lessee to enforce the covenants in other leases. Upholding the Court of Appeal’s decision, it held that a landlord which had given such a covenant cannot grant a licence to allow one tenant to depart from an absolute covenant in their lease without putting itself in breach of all other leases in the block.
Joanne Wicks QC and Emer Murphy, who acted for the appellant landlord, discussed the background to the case, the reasoning of the Court and considered what the consequences will be for landlords and tenants alike in the many thousands of buildings in which similar landlord’s enforcement covenants may be found. The webinar was chaired by Julian Greenhill QC.
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