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.
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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...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Sharing possession and sharing occupation'Possession' and 'occupation' are not interchangeable expressions. A covenant in a lease that forbids parting with possession is not broken by a tenant who, in law, retains possession, even though the tenant allows another to use and occupy the
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’
Incoming tenant’s liability for pre-existing breachesThis Practice Note sets out the liability of an incoming tenant, on assignment of a lease, for pre-existing breaches of a lease committed by its predecessor. It covers the consequences for the incoming tenant in respect of continuing and
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