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If a landlord of a retail park reduces the number of parking spaces to fewer than the number specified in a lease with one of the tenants, can the tenant claim damages for loss of profit?
Lexis®PSL subscribers can enjoy expert guidance by accessing some of the links below. If you are not a subscriber, you can take a free Lexis®PSL Property trial here.
Under the rule against derogation from grant, someone who agrees to confer a particular benefit on another person must not do anything to substantially deprive the other person of the enjoyment of that benefit (Harmer v Jumbil (Nigeria) Tin Areas Ltd).
The rule applies to the grant of easements and rights granted for a term of years. For examples of derogation from grant, see the section entitled ‘
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