Webinars by Practice Area
Landlord’s works in tenanted property
Recorded on: 31/01/2023
Landlords will have many reasons for carrying out works on or adjacent to leased premises during the term of a lease. It may simply be a matter of complying with obligations as to services and repair, such as replacing lifts or air-conditioning plant, or it may be a more strategic project such as a major refurbishment or reconfiguration, upgrading energy efficiency performance, or adapting premises for repurposing.
There are invariably express rights of access in favour of the landlord reserved in the lease to facilitate works, but exercise of those rights will be subject to the quiet enjoyment covenant and the implied obligation not to derogate from grant, as well as the law of nuisance. This webinar will consider how the courts reconcile these tensions, and the practicalities of drafting and planning for a programme of works undisrupted by tenants’ issues.
- Derogation from grant
- Breach of quiet enjoyment
- Common flashpoints: scaffolding and screens, noise, hours of work, interruption of services
- Drafting considerations for access rights
- Local authority powers
- Remedies for nuisance