Q&As

A landlord grants a lease of part of its property (Plot A) with a right of way over its adjoining land (Plot B) and tenant covenants not to obstruct the right of way, make good damage, etc. If the landlord sells Plot B to a third-party buyer, will the buyer have the benefit of the tenant covenants? Ie is this a split reversion for the purposes for the Landlord and Tenant (Covenants) Act 1995 even though the landlord has not assigned any interest in the ‘demised premises’ (Plot A))? If so, does that mean the landlord can no longer serve the Landlord and Tenant Act 1954 notices without the new owner of Plot B?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 20/03/2019

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A landlord grants a lease of part of its property (Plot A) with a right of way over its adjoining land (Plot B) and tenant covenants not to obstruct the right of way, make good damage, etc. If the landlord sells Plot B to a third-party buyer, will the buyer have the benefit of the tenant covenants? Ie is this a split reversion for the purposes for the Landlord and Tenant (Covenants) Act 1995 even though the landlord has not assigned any interest in the ‘demised premises’ (Plot A))? If so, does that mean the landlord can no longer serve the Landlord and Tenant Act 1954 notices without the new owner of Plot B?

Section 3 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that, with respect to those tenancies to which LT(C)A 1995 applies, the benefit and burden of all landlord and tenant covenants of a tenancy shall be annexed and incident to the whole, and to each and every part, of the premises demised by the tenancy and the reversion of them, and shall pass on an assignment of the whole or any part of those premises or the reversion in them in accordance with the section. This means that covenants are not, save for certain exceptions, personal to the parties, but rather relate to the land.

In this scenario, Plot A has a right of way over Plot

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