Landlord and tenant - landlord’s rights of entry

Citation

(2009), "Landlord and tenant - landlord’s rights of entry", Structural Survey, Vol. 27 No. 5. https://doi.org/10.1108/ss.2009.11027eab.005

Landlord and tenant - landlord’s rights of entry

Article Type: Newsbriefs From: Structural Survey, Volume 27, Issue 5

Keywords: Landlord and tenant, Rights of entry

A recent legal ruling suggests that a landlord’s reservation on a lease to carry out surveys on the property does not extend to carrying out surveys that are deemed to be intrusive. In Heronslea (Mill Hill) Ltd v. Kwik-Fit Properties Ltd [2009] EWHC 295 (QB), 20 February 2009, the High Court had to consider whether the landlord was entitled to carry out an “environmental investigation survey” on the tenant’s premises. The landlord proposed to drill 13 boreholes at a depth below ground of five metres, and one 20 metre borehole. The work would take two days to complete. The lease authorised the landlord to enter the premises to inspect them for any purpose, and to make surveys or drawings of the premises. This was qualified by the proviso that the landlord was to cause as little inconvenience and disturbance as was practicable and was to make good any damage caused. The landlord argued that its proposals were covered by its ability to carry out a “survey”. The court decided that the proposed work was not covered by the relevant clause in the lease.