Landlord and Tenant (Covenants) Act 1995 came into force in?
Responda
January 1996
January 1995
Date of any assignment irrelevant when deciding whether 1995 Act applies
What matters is date of lease
Questão 2
Questão
Privity of contract between L1 and T1
Responda
Leases granted after 1st January 1996
Leases granted prior to 1st January 1996
Questão 3
Questão
What happens in assignments in Old leases
Responda
If T1 assigns lease:
T1 remains subject to burden of covenants in lease
If further assignments of lease (i.e. T2 assigns):
T1 remains subject to burden of covenants in lease
If further assignments of lease (i.e. T2 assigns):
T1 does not remain subject to burden of covenants in lease
If T1 assigns lease:
T1 does not remain subject to burden of covenants in lease
Questão 4
Questão
Leases granted prior to 1st January 1996
Responda
T1’s contractual liability lasts until end of contractual term
If contractual term ends but lease continues under statute T’s liability will end when contractual term ends
(unless lease provides otherwise)
Questão 5
Questão
Liability of those not party to the original lease
Responda
Privity of estate between L1 and T2
Privity of contract between L1 and T1
Privity of estate between L1 and T1
Privity of contract between L1 and T2
Questão 6
Questão
Liability of those not party to the original lease
Responda
Covenants which touch and concern land pass to T2
If T2 defaults then L1 has choice – can take action against T2 (privity of estate) or against T1 (privity of contract)
Covenants which touch and concern land do not pass to T2
If T2 defaults then L1 can take action against T2 (privity of estate)
Questão 7
Questão
If lease is assigned multiple time's can the landlord take action against every tenant?
Responda
Yes
No
Depends on whether each assignee covenants directly with L
Questão 8
Questão
What can T1 do if he is sued as a result of a breach which he did not commit?
Responda
(a) Action against T in possession at time of breach
(Unlikely to be successful because if current T worth suing then L likely to have sued him in the first place)
(b) Action against person to whom he assigned the lease
(Action on the indemnity covenant)
Indemnity covenant is covenant by assignee to indemnify assignor for any losses suffered by assignor as result of default by assignee
Section 30 (1) (a)
Questão 9
Questão
Leases granted on or after 1st January 1996 - Tenants position?
Responda
Section 3 LT(C)A 1995
Section 4 LT(C)A 1995
Section 3 LT(C)A 1996
Questão 10
Questão
Section 3 LT(C)A 1995
Responda
All landlord and tenant covenants pass to assignee
(unless expressed to be personal)
Privity of contract still exists between Tenant 1 and L1
Questão 11
Questão
Section 5 LT(C)A 1995
Responda
Assigning T is automatically released from any liability under lease
He ceases to be subject to burden of lease covenants
If assignee breaches lease covenant L can only bring action against assignee
All landlord and tenant covenants pass to assignee
(unless expressed to be personal)
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