Q&As

A lease was assigned without the landlord’s consent in breach of the lease some time ago, and rent was paid by the assignee and accepted by the landlord, so the landlord does not wish to take issue with the unlawful assignment. However, there are current rent arrears, and the landlord wants to forfeit the lease for unpaid rent. Does the fact that the assignment was not done with the landlord’s consent prevent the landlord from forfeiting the lease by peaceable re-entry or cause the landlord any issues? Does the obligation to pay rent under the lease, after the date of transfer, become an obligation of the assignee by reason of the privity of estate so forfeiture is against the assignee?

read titleRead full title
Published on: 12 September 2022
imgtext

An assignment of a lease in breach of covenant is nevertheless a valid assignment: Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd (No 2). Therefore, assuming the assignment has been registered (if required) the assignee is now the tenant. Note, that the assignor is likely to remain liable on the lease covenants despite the assignment,

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents