Derogation from grant
Derogation from grant is an obligation that is automatically implied into leases and is typically referred to in the context of landlord and tenant agreements.
It is the general legal principle that if A agrees to give a benefit to B, then A should not proceed to do something that substantially deprives B of the enjoyment of that benefit. In the context of landlords and tenants, the landlord is said to have derogated from its grant if they do something that renders the property materially less fit for the purpose for which the lease was granted to the tenant and, as a result of that change, the tenant’s enjoyment of the benefit has been negatively affected.
Usually, a breach involves the landlord having taken positive steps or granting rights to a third party that render the property unfit for the purpose of its grant. The factors that need to be considered in relation to these obligations are as follows:
- The term of the lease.
- The purposes that were contemplated by the parties at the time of grant.
- The circumstances that resulted in its grant.
Whilst the principle offers protection to tenants, it is limited in scope. If the landlord takes positive steps or grants rights for uses they had not contemplated when the lease was granted, then they will not be seen to have derogated from grant. Similarly, if the landlord’s actions have an adverse economic impact on the tenant but there has been no physical impact on the use of the premises. The obligation cannot be excluded or limited by the fact that an express quiet enjoyment covenant has been included.
An example case is that of 'Aldin v Latimer Clark, Muirhead & Co.' (1894). Land was let for use as a timber yard and included a shed that was used for drying timber. As such it required air to have free flow through the shed. The landlord built on neighbouring land that he owned in such a way as to obstruct the free flow of air. This was found to have prevented the timber merchant from using the land for the purpose he had leased it for and therefore the landlord's action amounted to a derogation from his grant.
[edit] Related articles on Designing Buildings Wiki
- Breach of contract.
- Contract vs tort.
- Deed of easement.
- Indoor air quality.
- Landlord.
- Leasehold covenants.
- Light pollution.
- Modifying a restrictive covenant.
- Negligence.
- Nuisance.
- Party wall act.
- Project brief derogations.
- Quiet enjoyment.
- Restrictive covenant.
- Right of support.
- Right of way.
- Rights to light.
- Short term lets.
- Trespass.
- Wayleave.
[edit] External references
- Practical Law - Derogations
- KWM - The practicalities of derogation from grant and quiet enjoyment
Featured articles and news
Net zero electricity grids BSRIA guide NZG 5/2024
Outlining the changes needed to transition to net zero.
CIOB Global Student Challenge 2024
Universitas Indonesia wins for second year running.
New project and cultural district described in detail.
The nature of EPCs, crticism and inaccuracies.
History, issues and redesign.
From waste recycling to energy performance the hierchy.
An introduction to WERCS and WEEE responsibilities
Dealing 2 million tonnes of waste equipment a year.
Global BACS Market: analytics and optimisation
A BSRIA glance at building automation and control systems.
What it is and how to use it.
Types of insulating plaster by binder and insulant.
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.