Navigate the complexities of lease covenants and obligations with our comprehensive resources. Designed for property dispute specialists, this topic provides clear, actionable guidance on landlord and tenant responsibilities, breach consequences, and enforcement strategies. Stay ahead with the latest legal insights and best practice advice to effectively manage and resolve disputes.
Supreme Court holds banks must follow the Etridge protocol where non-commercial hybrid transactions include a more than de minimis surety element (Waller-Edwards v One Savings Bank Plc)
Rates Mitigation Scheme utilising short leases found valid (The Mayor and Commonality and Citizens of The City of London v 48th Street Holding Ltd and another company)
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Release from landlord's covenants—LT(C)A 1995The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an automatic release from tenant covenants of the tenancy on assignment of the lease. By contrast there is no automatic release for the landlord under LT(C)A
Incoming landlord’s liability for pre-existing breachesAs from completion, an incoming landlord is:•in the case of an ‘old’ tenancy (ie generally granted pre-1 January 1996): bound by all landlord covenants that have ‘reference to the subject matter’ of the lease, and•in the case of a ‘new’ tenancy,
Landlord’s remedies for assigning or underletting without consentFor guidance on the usual forms of covenant against assigning and underletting, and on whether consent has been reasonably withheld, see Practice Note: Landlord's consent to assign or underlet. If a breach has occurred, the following
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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