header-logo header-logo

18 November 2020 / Anthony Tanney , Catherine Taskis
Issue: 7911 / Categories: Features , Property , Landlord&tenant
printer mail-detail

Frustration of leases: it’s not all about the pandemic!

32368
Anthony Tanney & Catherine Taskis assess some of the broader questions regarding frustration of leases & examine where the law might go next

In brief

  • Almost forty years on, there remains no reported instance of a lease having ever been terminated by frustration.
  • The effects of the supervening event must be sufficiently radical, in order for the contract to be discharged by frustration.

There can be few people who, several months into the current pandemic, are not suffering from some degree of ‘lockdown fatigue’. So we ought to begin by saying that while lockdown is the pretext for this article, the article is not actually about lockdown itself.

First, the pretext. In recent months there has been much discussion about when, if at all, lockdown might cause a lease to be discharged by frustration.

In particular, as everyone knows in National Carriers Ltd v Panaplina Northern Ltd [1981] AC 675, [1981] 1 All ER 161 the House of Lords decided that the contractual doctrine of frustration could in theory apply to leases.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll