Lina Mattsson and Jamal Demachkie assess what a tenant should do when faced with a request for access.

“The Tenant shall permit the Landlord access to the Premises” - virtually all leases will contain a tenant covenant along these lines, but what precisely does it mean?  What steps must a tenant take when faced with a request for access? In spite of the frequency with which these questions arise, they have not been subject to a binding authority until now.

In Dorrington Residential Ltd v 56 Clifton Gardens Ltd [2022] UKUT 266 (LC), the Upper Tribunal provided the answer.  In doing so, it also dealt with questions concerning the validity of a request for access and the timing of such a request in the context of the Covid pandemic.

The facts

The tenant, Dorrington, owned the long lease ...

Jamal Demachkie
Barrister
Gatehouse Law

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