Fire safety defects did not frustrate a lease

In Into Nominee One Ltd v Study Group UK Ltd [2026] EWHC 1201 (TCC) Mr Roger ter Haar KC, sitting as a Deputy Judge of the High Court, held that a 25-year lease of buildings to be used for educational purposes had not been frustrated as a result of alleged cladding defects in the buildings or by legislation passed following the Grenfell Tower disaster. The conclusion confirms the narrow scope of the doctrine of frustration in English contract law. It is likely to be particularly difficult to invoke frustration in the case of a long-term contract, such as a lease, where the event said to have frustrated the contract only operates for part of the lifespan of the contract. It is also not possible to invoke frustration where the contract between the parties makes provision for the event said to frustrate the contract. Thus, where, as in the present case, the contract makes provision for the responsibility for repairing defects and for insurance in respect of the occurrence of certain events, it is more likely that a court will conclude that the terms of the contract will determine the obligations of the parties and that the doctrine of frustration is not applicable.