In the recent case of  Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch the High Court assessed the tenant’s right for quiet enjoyment against the landlord’s express right to redevelop the building.

Tenants’ covenant “to pay to the Lessor all costs and expenses (including legal costs and fees payable to a surveyor) which may be incurred by the Lessor […]” entitled the Landlord in a dilapidations claim to have his costs assessed on an indemnity basis.