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Enforceability of Landlord and Tenant Covenants
Enforceability of Landlord and Tenant Covenants
3rd Edition
Practice Area:  Landlord & Tenant
ISBN:  9780414034419
Published by:  Sweet & Maxwell
Publication Date:  21 Nov 2014
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

Enforceability of Landlord and Tenant Covenants provides a detailed analysis of the enforceability and enforcement of leasehold covenants by all parties to a lease and by non-parties, dealing separately with the law applying to old tenancies and the law in the Landlord and Tenant (Covenants) Act 1995 applying to new tenancies. It examines in detail all the issues in this subject area of great relevance to leases and assignment of leases in day-to-day practice.

You’ll find the new edition:

  • Is logically structured to steer you through the complex area of the enforceability of landlord and tenant covenants step-by-step
  • Deals with the law relating to assignment of leases and the liabilities of the assignor and any guarantor
  • Provides new material on the validity and enforceability of authorised guarantee agreements (AGAs) and sub-guarantees of AGAs and conditions on assignment of leases, and deals fully with the recent Court of Appeal decisions in K/S Victoria Street v House of Fraser (Stores Management) Ltd and Tindall Cobham 1 Ltd v Adda Hotels.
  • Looks at the release of tenant covenants on assignment and its interrelation to the grant of consent to assign leases
  • Considers whether assignment clauses entitling landlords in any circumstances to require an AGA on assignment are valid
  • Explains when contracts for leases amount to “an agreement for a tenancy”
  • Looks at covenants that are and are not “landlord covenants” and “tenant covenants” within the meaning of the Act
  • Covers the restrictions on recovery of fixed charges from former tenants and guarantors
  • Looks at the effect on leases of insolvency and disclaimer
  • Considers third parties and the operation of the Contracts (Rights of Third Parties) Act 1999
  • Directly addresses issues around lease liabilities and offers authoritative guidance – an area accounting for a great deal of activity in this field following the economic downturn
  • Provides detailed analytical commentary supported by comprehensive reference to important case law including many recent significant decisions
  • Contains text supported by statutory material reproduced in the appendices
  • Includes directly relevant forms reproduced in the appendices for reference
  • Is the only stand-alone work to fully address issues surrounding the enforceability of L&T covenants

Revised chapters in light of the significant cases since the last edition which include:

  • Doleman v Shaw [2009] 2 EGLR 35 (CA) – effect of disclaimer on liability of former tenant of new tenancy
  • Scottish & Newcastle v Raguz [2008] UKHL 65 (HL) – meaning of provisions of Act of 1995 relating to fixed charges
  • Good Harvest v Centaur Services [2010] Ch 426 (Ch) – whether AGA void under anti-avoidance provisions of Act of 1995
  • K/S Victoria Street v House of Fraser [2012] 2 WLR 470 (CA) – whether agreement to become guarantor of assignee void and unenforceable under AGA provisions of Act of 1995
  • Prudential v Ayres [2008] 1 EGLR 5, (CA) – whether a contract between landlord and former tenant purported to confer a benefit on a third party
  • Clarence House v Nat West Bank [2010] 1 EGLR 43 (CA) – “virtual assignments” of leases
  • Landlord Protect v St Anselm [2009] EWCA Civ 99 (CA) – entitlement of landlord under old lease to require surety covenant on assignment of lease
  • Wembley National Stadium v Wembley (London) [2007] 2 EGLR 115 (Ch) – interrelationship of section 6, 15 and 28 of the Act of 1995
  • Greene King v Quisine Restaurants [2012] EWCA Civ 698 (CA) – superadded contractual obligation on landlord to give notice to guarantor: whether effective
  • McGuinness v Norwich & Peterborough Building Society [2011] 1 WLR 613 (Ch) and [2011] EWCA Civ 1286 (CA) – whether liability of guarantor to pay in default is a liability in debt or damages
  • E.On v Gilesports [2012] EWHC 2172 (Ch) – non-registered equitable assignments and section 17 notices
  • RVB Investments v Bibby [2013] EWHC – disclaimer by Crown of bona vacantia did not release surety, but no s.17 notice needed for enforcement of obligation to take up new lease
  • Ridgewood Properties Group v Valero Energy [2013] EWHC 98 (Ch) – whether an option agreement or a conditional agreement for lease is “an agreement for a tenancy” and so a tenancy for the purposes of the Act of 1995
CONTRIBUTOR INFORMATION
Authored by Timothy Fancourt QC of Falcon Chambers, a highly regarded expert on all areas of real estate litigation. Timothy has acted for the bodies organising the Olympic Games in relation to protests and occupation of Games sites. He is involved in a number of rent reviews of large office buildings, retail parks and industrial units. His practice includes in particular disputes relating to development land, such as option valuations and overage claims, promissory and proprietary estoppels, dilapidations and contaminated land, and property and rent disputes arising from administrations and liquidations.
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