Cases - Creska Ltd v Hammersmith and Fulham London Borough Council (No. 2)
Record details
- Name
- Creska Ltd v Hammersmith and Fulham London Borough Council (No. 2)
- Date
- [1999]; [2000]; (1999)
- Citation
- 78 P&CR D46; L&TR 288; 78 P&CR D46, Ch D
- Legislation
- Keywords
- Commercial property - property management - dilapidations - landlord and tenant - declines access - injunction
- Summary
-
If a tenant is served with notice by the landlord but then declines to give access, the landlord might have no alternative but to seek an injunction against the tenant forcing it to allow the landlord to carry out the work. As illustrated by this case, an injunction will not always be granted. The tenant had done a large amount of underfloor heating work, but not to one of the floors because, it said, to do so would be very disruptive to its business; it made provision for the work to be done at the end of the lease and set aside funds to cover the cost. The landlord’s request for an injunction was declined. In most cases, however, one would expect the court to grant an injunction.