Landlord and Tenant (Covenants) Act 1995
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Can a tenant assign its lease to its guarantor?
The Landlord and Tenant (Covenants) Act 1995 provides that on an assignment of a lease created after 1 January 1996, tenants and their guarantors are released from liability. The statute…
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An assignee was liable for service charge costs incurred before she took an assignment of her lease
The Landlord and Tenant (Covenants) Act 1995 introduced the concept of a “clean break” when leases change hands. The draftsmen achieved this by providing that “where as a result of…
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Arnold v Britton and others
Landlord and tenant – Service charge – Construction of lease – Appellants holding long leases of chalets in respondent’s leisure park on terms providing for annual increase in service charge…
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Beatsons Building Supplies Ltd v Noble and others
Landlord and tenant – Extent of demise – Liability for repairs – Pursuer holding ease of commercial premises — Burn running beneath premises through culvert – Liability for cost of…
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A landlord’s continuing liability to its tenant exposes it to financial risks that could push it into insolvency
Under the Landlord and Tenant (Covenants) Act 1995, outgoing tenants are released from liability to their landlords when a lease is lawfully assigned to a third party. By contrast, landlords…
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BBlackpool Borough Council and another v Morris
Landlord and tenant Service charge
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Blackpool Borough Council and another v Morris
Landlord and tenant – Service charge – Management costs – Discretionary services – Appellant holding flat on long lease with provision for payment of service charge – Respondent landlords charging…
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Nogueira and others v Westminster City Council
Landlord and tenant Service charge
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Failure to give the name of the landlord, or the provision of an entirely incorrect name for the landlord, will invalidate a notice of invitation to participate in a right to manage claim
The right to manage provisions in the Commonhold and Leasehold Reform Act 2002 enable leaseholders to establish a right to manage company to assume responsibility for the day-to-day management of…