Leasehold Covenants - Statutes

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  • Created by: Edward
  • Created on: 01-03-16 09:40
Contracts (Rights of 3rd Parties) Act 1999
Might allow head-landlord to enforce a covt against the sub-tenant in circums where the covt is to benefit the head landlord (and vice versa)
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LPA 1925, ** 141-2
Assignees are only bound by covts which touch and concern the land (i.e. a covt that is referable to the land and is not merely personal)
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LT(C)A 1995, s 25
It is NOT possible to contract out of the provisions of the Act
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LT(C)A 1995, s 5
The tenant is automatically released from original tenant’s liability on the lawful assignment of the whole of the premises demised
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LT(C)A 1995, s 11
If the assignment is in breach of covt or occurs by operation of law (e.g. on death of tenant), it is an ‘excluded assignment’ and the Act does not apply to the transaction
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LT(C)A 1995, s 16
Where tenants signs an authorised guarantee agreement, the assignor will be liable for performance of covts by his assignee, but no other
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LT(C)A 1995, s 6
Allows the lessor to be released from the original covts following the lawful assignement of the reversion of the whole premises
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LT(C)A 1995, s 8(2)
Landlord’s applicn=successful if: tenant does not serve written notice of objection within 4 weeks; tenant does serve such notice, but county court decided that its reasonable for landlord to be released; tenant in writing withdraws any earlier objec
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LT(C)A 1995, s 3(5)
Allows user covts to be enforceable not against the assignee, but also against any person (e.g.sub tenant) who is the owner or occupier of the premises- only applies to new leases
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LT(C)A 1995, s 19
Gives the tenant or guarantor who discharges, in full, the liability of the assignee, the right to have the landlord grant an overriding lease of the premise demised
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LT(C)A 1995, s 17
Where the original tenant remains liable beyond assignemmnt, there are imposed restrictions on the recovery of rent/ service charges
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LT(C)A 1995, s 18
Where there exists an AGA, the guarantor will NOT be bound by a variation of the terms occurring after assignment
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Other cards in this set

Card 2

Front

Assignees are only bound by covts which touch and concern the land (i.e. a covt that is referable to the land and is not merely personal)

Back

LPA 1925, ** 141-2

Card 3

Front

It is NOT possible to contract out of the provisions of the Act

Back

Preview of the back of card 3

Card 4

Front

The tenant is automatically released from original tenant’s liability on the lawful assignment of the whole of the premises demised

Back

Preview of the back of card 4

Card 5

Front

If the assignment is in breach of covt or occurs by operation of law (e.g. on death of tenant), it is an ‘excluded assignment’ and the Act does not apply to the transaction

Back

Preview of the back of card 5
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