Q&As

A lease has a clause which states that where the property is subject to a superior lease then, provided a copy of the superior lease is supplied, the tenant will 'observe all of the non-financial covenants on the part of the landlord (as lessee under the superior lease) as set out in the superior lease of the premises, a copy of which has been provided to the tenant prior to the date of this tenancy'. If the superior lease was never in fact provided to the tenant prior to signing, can the landlord enforce it on the tenant?

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Published on LexisPSL on 07/07/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A lease has a clause which states that where the property is subject to a superior lease then, provided a copy of the superior lease is supplied, the tenant will 'observe all of the non-financial covenants on the part of the landlord (as lessee under the superior lease) as set out in the superior lease of the premises, a copy of which has been provided to the tenant prior to the date of this tenancy'. If the superior lease was never in fact provided to the tenant prior to signing, can the landlord enforce it on the tenant?

A lease has a clause which states that where the property is subject to a superior lease then, provided a copy of the superior lease is supplied, the tenant will 'observe all of the non-financial covenants on the part of the landlord (as lessee under the superior lease) as set out in the superior lease of the premises, a copy of which has been provided to the tenant prior to the date of this tenancy'. If the superior lease was never in fact provided to the tenant prior to signing, can the landlord enforce it on the tenant?

The application and enforcement of any lease covenant is always a matter of interpretation of the covenant, in the context of the lease as a whole, and

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