UTLC LANDLORD AND TENANT – Leasehold – Service Charges – Covenant in lease – Whether invoices for major works supplied by the landlord were compliant with terms of the lease — Assignment of lease after interim demand – Final adjustment to demand made after assignment – Whether assignee liable to pay adjusted demand – whether … Continue reading London Borough of Southwark v Clark: UTLC 6 Nov 2015
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of … Continue reading Commercial Union Life Assurance Co Ltd v Moustafa: 1999
The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed. Held: The tenant had no right of set off. Muscat established a right where the arrears had arisen during the prior to the … Continue reading Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005
The defendant had taken on a lease of a parade of shops, and sub-let each shop for a full premium at a nominal rent. It sought to limit its own liability to pay the head rent by limiting the covenant in the sub-leases to pay the head rent to the time in which it held … Continue reading London Diocesan Fund and others v Avonridge Property Company Ltd and Phithwa: HL 1 Dec 2005
Whether or not guarantee provisions in a licence to assign certain leased premises are enforceable or whether they are struck down by the provisions of the Landlord and Tenant (Covenants) Act 1995 Judges: Mann J Citations: [2019] EWHC 941 (Ch) Links: Bailii Statutes: Landlord and Tenant (Covenants) Act 1995 Jurisdiction: England and Wales Landlord and … Continue reading Co-Operative Group Food Ltd v A and A Shah Properties Limited and Another: ChD 12 Apr 2019
The lease released the landlord from his liability to repair after his assignment of the reversion. It appealed a finding that the provision was void under the 1995 Act, saying the clause was a personal covenant not caught by the Act. Held: The covenant could not successfully proclaim itself both personal and binding on a … Continue reading Avonridge Property Co Ltd v Mashru and others: CA 14 Oct 2004
The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining propery that they would act in accordance with the retriction, but no re-assurance was given. Held: … Continue reading Oceanic Village Ltd v United Attractions Ltd, Shirayama: ChD 9 Dec 1999
Neuberger J said that the 1995 Act: ‘represents a sea change in the law relating to a tenant’s liability after he assigns the lease’. Judges: Neuberger J Citations: (2001) PandCR 28 Statutes: Landlord and Tenant (Covenants) Act 1995 Jurisdiction: England and Wales Cited by: Cited – Good Harvest Partnership Llp v Centaur Services Ltd ChD … Continue reading Wallis Fashion Group Ltd v CGU Life Insurance: ChD 2001
The agreement provided that the guarantors to the original lease should act also as guarantors on any assignment. The tenant challenged this provision saying that it contravened the requirements of section 25 of the 1995 Act. HoF contended that such an arrangement would frustrate the intention of the Act. Held: The provision stipulating in advance … Continue reading K/S Victoria Street v House of Fraser (Stores Management) Ltd and Others: CA 27 Jul 2011
The court considered whether the 1995 Act operated to prevent a guarantor of a lessee being required to provide a similar guarantor for an assignee. The tenant had created a sub-lease, and the lease required its guarantor to provide a similar guarantee for the sub-tenant. The defendant had given a guarantee and now objected to … Continue reading Good Harvest Partnership Llp v Centaur Services Ltd: ChD 23 Feb 2010
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