An office buidling had a toughened glass cladding. When a cladding plate slipped and fell, the local authority issed a dangerous structures notice. The landlord served a notice to use the Act to divest himself of responsibility for repairs. Held: For a lease covenant to be subject to the Act, whether for the landlord or … Continue reading BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and Another: ChD 27 Feb 2001
The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore … Continue reading Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006
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
An option in an agreement to take a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1). Judges: Proudman J Citations: [2013] EWHC 98 (Ch), [2013] WLR(D) 40, [2013] 3 WLR 327, [2013] 1 Ch 525, [2013] 6 EG 105, [2013] L and TR 20 Links: Bailii, WLRD Statutes: Landlord … Continue reading Ridgewood Properties Group Ltd and Others v Valero Energy Ltd: ChD 30 Jan 2013
Meaning and effect of a poorly drafted guarantee Judges: Mr Justice Morgan Citations: [2014] EWHC 145 (Ch) Links: Bailii Statutes: Landlord and Tenant (Covenants) Act 1995 Jurisdiction: England and Wales Contract, Landlord and Tenant Updated: 09 November 2022; Ref: scu.520871
The parties had agreed to sell property and to lease it back. The agreement provided that on an assignment of the lease, the existing tenant’s guarantor should also stand as guarantor for the incoming assignee, but not subsequently. It now appealed a finding that it was not free to assign the lease to an associate … Continue reading K/S Victoria Street v House of Fraser (Stores Management) Ltd and Others: ChD 17 Dec 2010
The defendants argued that they were not liable as guarantors under an Authorised Guarantee Agreement for a lease when the assignee tenant had become insolvent. Held: The guarantors were liable provided that the extent of the claim did not exceed their original liability. Judges: Lindsay J Citations: [2007] EWHC 775 (Ch) Links: Bailii Statutes: Landlord … Continue reading The Prudential Assurance Company Ltd v Ayres and Grew: ChD 3 Apr 2007
Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee was not entitled to claim the service charge. Held: There had been an estoppel … Continue reading Wembley National Stadium Ltd v Wembley (London) Ltd and Others: ChD 4 Apr 2007
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
SCIT SCHEDULE A – income from land – whether agreements for lease gave rise to an immediate right to rent or whether the right was conditional on obtaining the landlord’s consent to subletting – whether the Landlord and Tenant (Covenants) Act 1995 enables retention of a future rent payment on a sale of the reversion … Continue reading A Property Company v HM Inspector of Taxes: SCIT 5 Oct 2004
The claimant granted a lease to the respondents, and then assigned the reversion to another company. It gave notice to the tenant of its desire to be released from its obligations as landlord. The tenant did not serve any counter-notice. Defects occurred for which the landlord would be liable. The agreement for lease provided that … Continue reading BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and another: CA 30 Nov 2001
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
Tenants had assigned their leases to subsidiary companies as part of a company re-organisation, and now claimed the benefit of the 1995 Act to relieve them from liability under an authorised guarantee agreement. Judges: Longmore, Patten, Ryder LJJ Citations: [2014] EWCA Civ 1215, [2015] 1 P and CR 5 Links: Bailii Statutes: Landlord and Tenant … Continue reading Tindall Cobham 1 Ltd and Others v Adda Hotels and Others: CA 5 Sep 2014
Amanda Tipples QC [2016] EWHC 529 (Ch) Bailii Landlord and Tenant (Covenants) Act 1995 England and Wales Landlord and Tenant Updated: 12 January 2022; Ref: scu.561102
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
The tenant had applied to the landlord for consent to assign certain leases. The court had declared the right to exercise break clauses in certain leases as lost. The court had found the right to be lost after the assignment of the leases by the original tenant, that the exercise of a break clauses limited … Continue reading JBW Group Ltd v Westminster City Council: CA 12 Mar 2010
The claimant was the original tenant under two 99 year underleases granted in 1967, and assigned them to the defendant who then himself assigned them. The eventual assignee had become insolvent. The landlord recovered the rents from the claimant who now sought an indemnity from the defendant under the 1925 Act. To minimise the losses, … Continue reading Scottish and Newcastle Plc v Raguz: CA 6 Mar 2007
Leases had been granted. They had been assigned to the defendant who had assigned them again. The last assignee became insolvent and statutory demands were served on the claimant under the 1995 Act for rent. The claimant paid the sums due and now sought them from the defendant. He countered that his obligation under the … Continue reading Scottish and Newcastle Plc v Raguz: CA 24 Jul 2003
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 lease had been assigned by the claimant to the defendant and on again to a tenant who became insolvent. The landlord had recovered sums said to be due from the claimant who now sought an indemnity from the defendant. The defendant said that the claimant had overpaid, including sums excused by section 17 of … Continue reading Scottish and Newcastle Plc v Raguz: HL 29 Oct 2008
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
The landlord had taken a guarantee of the lease from the tenant when granting a licence to assign to the new tenant. That new tenant had become insolvent and the liquidator had disclaimed the lease. The court considered the position under Hindcastle after the 1995 Act. Held: The guaranteer’s appeal succeeded. The effect of the … Continue reading Shaw v Doleman: CA 1 Apr 2009
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