Defendant landlord granting 1,000-year lease of land for purposes of scientific research — Whether demolition of laboratories breaching repairing covenant — Claim allowed
In 1958, the defendant landlord had demised premises to the first claimant under a lease for a term of 1,000 years. Under the lease, the first claimant covenanted, inter alia, to erect a laboratory and associated offices on the land and to keep them in good repair. It subsequently assigned the lease to the second claimant, and they both applied to the court for a declaration that they could demolish the laboratories and replace them with buildings to be used for a different purpose. The defendant counterclaimed on the basis that the cessation of use of the land as a laboratory would breach the repairing covenant and that, in any event, the claimants were estopped from using the land for any purpose other than for research and ancillary purposes.
Held: The claim was allowed and the counterclaim was dismissed.
On the evidence, the defendant had failed to establish any of the necessary elements for estoppel. Given that the term of the lease was for 1,000 years, that the lease contained no specific restrictions as to user, and that the purpose for which it was granted was to promote “cutting-edge” scientific research, the parties must have contemplated that the buildings would require alteration or modification at some time during the term. On detailed construction of the wording, the parties had clearly understood that this might necessitate the construction of new buildings.
Jonathan Brock QC and Andrew Davies (instructed by HLW, of Sheffield) appeared for the claimants; Paul de la Piquerie (instructed by Keeble Hawson, of Sheffield) appeared for the defendants.
Vivienne Lane, barrister
