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Leases: Covenants and Consents
Leases: Covenants and Consents
2nd Edition
Practice Area:  Landlord & Tenant
ISBN:  9781847035707
Published by:  Sweet & Maxwell
Publication Date:  25 Nov 2008
Format:  Hardback
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Providing practitioners with a thorough and authoritative analysis of the subject, Leases: Covenants and Consents:
  • Examines the relevant law when a tenant under a lease seeks consent to sell the lease, to under let, to improve the property or to change the use of the property
  • Offers case law, commentary and analysis, demonstrating how the law has been applied in practice, whilst ensuring that practitioners are fully up-to-date and understand recent changes
  • Takes you step-by-step through the area, including the problems you may encounter and how to resolve the as well as obligations and responsibilities of parties
  • Includes draft letters, draft responses, notices, statements of case, statutory extracts and precedents to save time and aid drafting
  • Provides new chapters including, the Landlord and Tenant (Covenants) Act 1995, Drafting Disposition Covenants, Litigation Tactics and Part 6: Precedents and Pleadings
Restrictions on alienation
  • Disposition rights of tenants
  • Types of disposition commonly restricted
  • Running of the burden of disposition covenants
  • Fully qualified covenants against disposition
  • Landlord and Tenant Act 1988
  • Landlord and Tenant (Covenants) Act 1995
  • Drafting disposition covenants
  • Unreasonable withholding of consent
  • Special categories of tenant
Restrictions on alterations and improvements
Restrictions on use
Contracts, consents and remedies
  • Litigation tactics
  • Remedies: declarations, damages, injunctions
Precedents and pleadings
  • Letter seeking consent
  • Letter refusing consent
  • Letter granting consent
  • Letter seeking further information
  • Letter of claim
  • Application for injunction:
  • Particulars of claim
  • Witness statement in support
  • Particulars of claim for dilatation and damages
  • Defence
  • Reply and defence to counterclaim
  • Outline skeleton argument for trial
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