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LPC Law Notes Property Law and Practice Notes

Alienation Notes

Updated Alienation Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...

The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ALIENATION

Old Leases

  • GRANTED before 1.1.96

  • Mixture of common law & statute (Law of Property Act 1925)

New Leases

  • GRANTED on or after 1.1.96

  • Landlord & Tenant (Covenants) Act 1995

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:

    • 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:

    • 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)

    • Covenants must benefit covenantee only while he remains a L or T of the land

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

    • Benefit of covenants must not be expressed to be personal

  • Ongoing liability through P-i-C

Ongoing Liability

  • Upon assignment, T2 will have:

    • Burden of T covenants [s.3(2)(a)]

    • Benefit of L covenants [s.3(2)(b)]

    • Benefit of covenants must NOT be expressed to be personal [s.3(6)(a)]

    • 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

    • Incoming T to provide a guarantor to L (if requested to do so)

  • Usual s.19(1A) LTA 1927 Circumstances:

    • Outgoing T to owe no Rent or other monies to L under the Lease

Personal Indemnity Covenant [P-i-C]

  • Implied by stated from each assignee to their assignor under Sch. 12 para 20 Land Registration Act 2002

  • Promise to keep T’s covenants and reimburse previous T if new T breaches T’s covenants

  • T can claim from T2, T2 can recover from T3 [all under implied P-i-C] so liability passes along the chain

Authorised Guarantee Agreement [AGA]

  • T remains liable under AGA when assigned to T2

  • T will require P-i-C from T2

  • P-i-C NOT auto-implied by statute – need express P-i-C in Transfer

  • Outgoing T contracts with L guaranteeing that:

    • Incoming T2...

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