Weekly review: 24th – 28th September 2012

Leases: non-derogation from grant

It is a derogation from grant for a landlord to use his own land in such a way as to frustrate the contemplated use of the demised land and for the purpose of frustrating that use (Johnston & Sons Ltd v Holland).

Leases: nuisance: non-derogation from grant: quiet enjoyment

A landlord is liable to his tenant for the actions of neighbouring tenants which the landlord had the legal power to restrain (Hilton v James Smith & Sons (Norwood) Ltd).

Leases: non-derogation from grant

Where a landlord demises part of his property for carrying on a particular business, he is bound to abstain from doing anything on the remaining portion which would  render the demised premises unfit for carrying on such business in the way in which it is ordinarily carried on (Aldin v Latimer Clark, Muirhead & Co).

Leases: surrender by operation of law

The court is entitled to look at the whole of the conduct of the landlord prior to the issue of proceedings. If, by the time of the issue of the proceedings, it is quite plain that the landlord has accepted by his conduct, or shown by his conduct, that the tenancy no longer existed, then the conditions giving rise to a surrender by operation of law are established (Brent LBC v Sharma).

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