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Alienation Notes

LPC Law Notes > Property Law and Practice Notes

This is an extract of our Alienation document, which we sell as part of our Property Law and Practice Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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ALIENATION
New Leases
Old Leases
 GRANTED on or after 1.1.96
 GRANTED before 1.1.96
 Mixture of common law & statute
 Landlord & Tenant (Covenants) Act 1995
(Law of Property Act 1925)
S.19(1)(a) Landlord & Tenant Act 1927*
 Upgrades qualified restrictive covenants to a FULLY qualified covenant
S.1 Landlord & Tenant Act 1988*
 Upon receipt of written request by T, imposes duty on L not to unreasonably delay in:
o Giving T consent to assign/sublet; or

Giving reasonable grounds why T's request for consent to assign/sublet is refused
S.19(1A) Landlord & Tenant Act 1927 *
ONLY APPLIES TO ASSIGNMENTS
 Primarily in commercial leases
 L may agree with T at outset:
o certain conditions that must be met for L to give consent

certain circumstances under which L can refuse consent
 no requirement for conditions/circumstances to be reasonable
 basically, L can circumvent this statute
Liability of Original Parties
Privity of contract




Ongoing Liability
Privity of estate between L & T2

Burden of T covenants
Benefit of L covenants
ONLY if covenants "touch and concern the land" (P & A Swift Investments)
o Covenants must benefit covenantee only while he remains a L or T of the land

o Covenants must affect mode of use, value, quality, or nature of the land

o Benefit of covenants must not be expressed to be personal
Ongoing liability through P-i-C

Ongoing Liability
Upon assignment, T2 will have:
o Burden of T covenants [s.3(2)(a)]
o Benefit of L covenants [s.3(2)(b)]
o Benefit of covenants must NOT be expressed to be personal [s.3(6)(a)]
o Landlord and Tenant (Covenants)
Act 1995
Original T automatically released from T
covenants on assignment to T2 with the
EXCEPTION OF AGAs
Usual s.19(1A) LTA 1927 Conditions

Outgoing T to give L an AGA
o Incoming T to provide a guarantor to L (if requested to do so)
Usual s.19(1A) LTA 1927 Circumstances:
o Outgoing T to owe no Rent or other monies to L under the Lease

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