Q&As

If a landlord grants a very long lease of residential or commercial property in the knowledge that it could potentially be frustrated in the future due to the property being a low lying area and possibly open to flooding in the future, would it be derogating from grant as landlord and would a tenant have a claim as a consequence?

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Published by a LexisNexis Property Disputes expert
Published on: 04 February 2020
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A contract (including a lease) may be frustrated where an unforeseen event occurs after the contract is formed and, as a result of that event, the contract becomes impossible to perform and/or the obligations under the contract are transformed into something radically different. For a full explanation of the elements to be considered, see Practice Note: Discharge by frustration.

In the context of potential flooding, note, in particular, that an event that is actually foreseen cannot ordinarily found a claim of frustration: Armchair Answercall v People in Mind

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