Alterations – Absolute covenant – Landlord’s obligations – Can landlord grant consent?

Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298

In our December 2018/January 2019 issue, Commercial Leases Vol 32 issue 10 at p2609, we highlighted the Court of Appeal decision. The court, led by Lewison LJ, held that it was not open to a landlord to grant consent to allow alterations when to do so would amount to a breach of an absolute covenant in leases of other demises within the block.