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ARTICLE · 19 MAY 2016

Building Around A Tenant

The court found that the way the scaffolding was designed and erected paid no or little regard to the tenant's interests and was therefore entirely unreasonable.

United KingdomReal Estate and Construction

How much redevelopment and refurbishment work can a landlord do when it has a tenant in occupation? The recent case of Timothy Taylor Limited v Mayfair House Corporation provides a useful reminder of the obligations owed by landlords to tenants where they want to carry out redevelopment works to a building around a tenant of part who remains in occupation.

Landlords with tenants in occupation must:

  • comply with any express lease terms;
  • act reasonably when exercising their right to build and
  • take steps to minimise the amount of disturbance.

In this case:

  • the works have been carried on since 2013;
  • the tenant's premises are a high class art gallery in the ground and basement;

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