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Waiver of tenant’s obligation to carpet flat

In Faidi v. Elliot Corporation [2012] EWCA Civ 287, the Court of Appeal dismissed the appeal of tenants of a prestigious flat near Sloane Square against the Judge’s decision that, by giving consent to alterations of the flat above that included the removal of all radiators, the installation of underfloor heating and the provision of wooden floor finishes, the landlord had waived the lessee’s obligation to comply with a covenant to carpet and keep carpeted the floors of the flat at all times during the term of the lease. Timothy Fancourt QC acted for the successful respondent, leading Mukhtiar Otwal.


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