New Crane Wharf Freehold Ltd v Dovener [2019] UKUT 98 (LC)

In this case the lease contained a clause (Clause 3.08) which stated ‘to permit the lessor and its agents and workmen at all reasonable times on giving not less than forty eight hours notice (except in case of emergency) to enter the Demised Premises for ………’ The landlord wrote to the tenanton two occasions requiring access to inspect the property and both letters proposed dates and times for access to the property. The tenantdid not respond to the first letter but in a later email demanded to know why the landlord required access as it was an invasion of privacy and breach of the tenant’s quiet enjoyment of the property. The tenant gave no response to the second letter. The landlordstated that they had a right to inspect the property under Clause 3.08 but did not give the exact reason as to why they wanted to inspect the property. There was no evidence that the landlordor contractors had attended the property and attempted to obtain access. The landlord made an application to the First-Tier Tribunal