Q&As

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?

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Published on LexisPSL on 13/12/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • 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?

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?

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 ‘Derogation from grant—Substantial interference’ in Practice Note: Derogation from grant. We also refer you to Practice Note: Derogation from grant—easements and other rights.

To assess whether there has been a derogation from grant, the extent of the grant must be established. Express

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