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 land. Nourse LJ said that this category of covenant was ‘imprinted on the term’.


Nourse LJ


Gazette 31-Mar-1993, [1993] QB 589, [1993] 2 All ER 449, (1992) 65 P and CR 229, [1993] 2 WLR 710, [1993] 1 EGLR 93, (1992) 91 LGR 151


Landlord and Tenant Act 1954 24(1)


England and Wales

Cited by:

Appeal fromCorporation of City of London v Fell and Others HL 3-Dec-1993
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 . .
CitedSmith 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: 26 October 2022; Ref: scu.79149