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Lease variation did not scupper application to modify covenant

Lease variation did not scupper application to modify covenant
Published on: 11 February 2016
Published by: LexisPSL
  • Lease variation did not scupper application to modify covenant
  • Original news
  • What were the issues involved?
  • What is the law in this area?
  • What did the UT decide?
  • Had there been a surrender and re-grant?
  • Property register argument
  • Was the relevant covenant positive?
  • What are the implications of the decision?

Article summary

Property analysis: When can a restrictive covenant in a lease be modified or discharged? The Upper Tribunal (Lands Chamber) (UT) decided that there had been no surrender and re-grant of a lease—which would have put paid to the application to modify the covenant. It also decided that the covenant was restrictive, not positive and so the UT had jurisdiction to modify it if it saw fit. or take a trial to read the full analysis.

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