Q&As

Where a residential long lease has been assigned and service charge was demanded but not settled before the assignment, does section 23(1) of the Landlord and Tenant (Covenants) Act 1995 mean that the landlord should pursue the assignor for any outstanding service charge before assignment? Would the same apply to any ground rent due in respect of the period before assignment?

read title

Read full title

Copyright © 2025 LexisNexis

Published by a LexisNexis Property expert

Published on: 14 February 2020

imgtext

For the purpose of this Q&A, we have assumed that:

‘The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) provides that any lease granted on or after 1 January 1996 creates what is defined as a “new tenancy” for the purposes of LT(C)A 1995. We assume from the reference to section 23(1) that this query relates to a “new tenancy”…’

We assume that the service charge and ground rent were validly demanded and accordingly fell due before the assignment—in that regard, note that:

•
in respect of ground rent, a tenant of a long lease (under sections 76 and 77 of the Commonhold and Leasehold Reform Act 2002 (CLRA

Powered by Lexis+^®

Jurisdiction(s):

United Kingdom

Popular documents

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

Late payment penalties—inheritance tax

Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an