header-logo header-logo

01 January 2009 / Joanna Sykes
Issue: 7350+7351 / Categories: Features , Landlord&tenant , Procedure & practice , Property
printer mail-detail

Taken for granted

Joanna Sykes on the scope of the doctrine of non-derogation from grant
 

In 1975 Lord Denning stated the principle of non-derogation from grant: “If one man agrees to confer a particular benefit on another, he must not do anything which substantially deprives the other of the enjoyment of that benefi t, because that would be to take away with one hand what is given with the other.”

In the context of landlords and tenants, where a landlord lets land for a specific purpose, then it is under an obligation not to take any steps as regards its retained land which would render the demised premises unfit or unsuitable for the purpose for which they were let.

The problem with this doctrine is that it is founded in case law and as such there is some uncertainty as to its scope and application. Certainly its scope is not confined to real estate, but for the purposes of this article I shall limit the discussion to landlord and tenant matters.
The courts have not formulated a legal test that can be applied to assist

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll