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
The 5 elements of seiri, seiton, seiso, seiketsu and shitsuke.
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.