Jurisdiction(s):
United Kingdom

Leases: Derogation from Grant and Quiet Enjoyment—Principles, Case Law, Reserved Rights, Multi-let Issues, Remedies and Drafting Guidance

Published by a LexisNexis Property Disputes expert

Practice notes

Practice Note

This Practice Note sets out the rule prohibiting derogation from grant and the situations in which it operates in the context of leases. It also considers the covenant of quiet enjoyment, its interplay with derogation from grant, and highlights common drafting issues alongside other matters for consideration. The rule against derogation from grant functions in addition to any quiet enjoyment obligation and is not displaced by an express quiet enjoyment covenant. Although there is considerable overlap between the two, a crucial distinction exists. The obligation not to derogate from grant runs with the land. Thus, if a landlord lets one property and sells the neighbouring one, the purchaser is not liable to the adjoining tenant under the quiet enjoyment covenant, since they are not, and have never been, that tenant’s landlord. However, the purchaser is liable to the tenant in respect of the obligation not to derogate from grant. The seller/landlord became bound by the non-derogation obligation towards the tenant, concerning the property later sold, when it granted the lease of the other property to the tenant, and that obligation attaches to the land...

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Web page updated on 21/05/2026

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