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: 20 March 2019

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

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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