In the recent case of Duval v 11-13 Randolf Crescent Ltd [2018]
EWCA Civ 2298, the Court of Appeal considered whether a landlord
will be in breach of its covenant to enforce tenant covenants if it
grants consent to works which would otherwise be in breach of an
absolute covenant in the lease.
Background
This case concerns a block of nine flats in Randolph Crescent,
Maida Vale, each of which is held under a long lease. In 2015, the
lessee of one of the flats, Mrs Winfield, requested the
landlord's consent to proposed works to her flat which included
the removal of a load-bearing wall. The landlord was willing to
grant its consent to the works, however, another lessee, Dr Duval,
said that the terms of the lease prohibited the landlord from doing
so.
