The original tenant under a lease was not liable for arrears of rent on a tenancy continued after an assignment and after the original contract term has ended. The right of a transferee of the reversion to recover rent is, both in common law and under statute, an incident of the ownership of the reversion.
The relationship of landlord and tenant is one of status, not contract, even though created by one.
Judges:
Lord Templeman
Citations:
Gazette 26-Jan-1994, Independent 03-Dec-1993, Times 03-Dec-1993, [1994] 1 AC 458, [1993] UKHL 11
Links:
Statutes:
Landlord and Tenant Act 1954 Part II
Jurisdiction:
England and Wales
Citing:
Appeal from – City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm) CA 31-Mar-1993
An original Tenant is not liable for arrears arising on the tenancy extended by an assignee beyond the original term.
The vesting of the leasehold estate in the tenant carried with it the burden of covenants that touched and concerned the . .
Cited by:
Cited – Edlington Properties Limited v J H Fenner and Co Limited CA 22-Mar-2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in . .
Cited – Smith and Another v Jafton Properties Ltd CA 2-Nov-2011
The landlord challenged the right of the tenants to acquire the freehold. Lessees had been subdivided the apartments and then, without the landlord’s consent, assigned them. The new arrangement had increased the number of qualifying tenancies so as . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 September 2022; Ref: scu.79518
