Lease covenants and obligations

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Lease covenants and obligations content

Practice notes
The Groceries Market Investigation (Controlled Land) Order 2010 made by the Competition Commission (whose functions were transferred to the...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
Form of covenantThe tenant’s ability to assign or underlet will depend on the form of covenant in the lease. It is important to properly analyse the...
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15th Jan
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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15th Jan
Practice notes
Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...
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15th Jan
Practice notes
Is the landlord’s consent required to the assignment?Check the terms of the lease (including any deeds of variation or supplemental documents). If the...
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15th Jan
Practice notes
Without some express or implied permission, a tenant is not permitted to make alterations outside of the demised premises: such access or works will...
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15th Jan
Practice notes
This Practice Note explains the remedies available to a tenant who has applied for consent to assign or underlet in circumstances where consent is not...
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15th Jan
Practice notes
The Landlord and Tenant Act 1927 (LTA 1927) allows a tenant to serve notice stating its intention to carry out specified improvements. If the landlord...
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15th Jan
Practice notes
This Practice Note explains the remedies available to a tenant who has applied for consent to change use in circumstances where consent is not to be...
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15th Jan
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.As from completion of the...
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15th Jan
Practice notes
This Practice Note explains the remedies available to a tenant who has applied for consent to alter in circumstances where consent is not to be...
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15th Jan
Practice notes
For guidance on the usual forms of covenant against alteration, and on whether consent has been reasonably withheld, see Practice Note: Landlord’s...
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15th Jan
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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15th Jan
Practice notes
Statutory provisionsSection 143 of the Law of Property Act 1925 provides that where a licence is granted to a tenant to do any act, the licence,...
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15th Jan
Practice notes
For guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice...
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15th Jan
Practice notes
A leasehold valuation tribunal (LVT) decision (W. Redmile & Sons v Butts MAN/00CF/LBC/2011/0002 and 0003) dealt with alleged breaches of covenant by...
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15th Jan
Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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15th Jan
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.As from completion an incoming...
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15th Jan
Practice notes
Form of covenantLeases generally restrict the tenant's use of the property to a specific purpose, whether specifically described or expressed by...
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15th Jan

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