Q&As

The landlord and tenant of commercial premises make an agreement in a side letter allowing monthly (rather than quarterly) payment of rent, but with a proviso that the entire amount becomes due on any default by the tenant. If the letter is not expressed to be personal, and the landlord’s interest is assigned, can the new landlord enforce the proviso following a subsequent default?

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Published on LexisPSL on 04/05/2021

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

  • The landlord and tenant of commercial premises make an agreement in a side letter allowing monthly (rather than quarterly) payment of rent, but with a proviso that the entire amount becomes due on any default by the tenant. If the letter is not expressed to be personal, and the landlord’s interest is assigned, can the new landlord enforce the proviso following a subsequent default?

The landlord and tenant of commercial premises make an agreement in a side letter allowing monthly (rather than quarterly) payment of rent, but with a proviso that the entire amount becomes due on any default by the tenant. If the letter is not expressed to be personal, and the landlord’s interest is assigned, can the new landlord enforce the proviso following a subsequent default?

A side letter documenting an agreed rent concession under a ‘new’ lease for the purpose of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), which is not expressed to be personal, is likely to be binding on

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