Q&As

Case study: In the context of a long lease, in which there is no specific covenant referring to the erection of scaffolding and how long it can remain, is there a time limit on how long scaffolding may remain, is there any compensation available, can the lease be rescinded if compensation has not been disclosed and is the tenant obliged to pay roof repairs?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 01 February 2018
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Case study

This Q&A has considered a long lease of high street shops in which there are no specific covenants about how scaffolding should be managed and where the Landlord erects scaffolding on the premises on short notice to carry out essential repairs and then leaves the scaffolding in place for several months with no sign of it being removed, causing the shop to lose trade and takes into consideration the following:

  1. •

    is there a limit as to the amount of time scaffolding can be put up?

  2. •

    is there ability of the Tenant to claim compensation for the scaffolding being put up for so long?

  3. •

    if the lease was granted

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Covenant definition
What does Covenant mean?

(1) legal safeguard put in place to protect bondholder's interests

(2) underlying promise of the employer to pay contributions to a pension scheme

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