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 Home Energy Model and its wrappers
From SAP to HEM, EPC for MEES and FHS assessment wrappers.
Future Homes Standard Essentials launched
Future Homes Hub launches new campaign to help the homebuilding sector prepare for the implementation of new building standards.
Building Safety recap February, 2026
Our regular run-down of key building safety related events of the month.
Planning reform: draft NPPF and industry responses.
Last chance to comment on proposed changes to the NPPF.
A Regency palace of colour and sensation. Book review.
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.