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Enforceability of Landlord and Tenant Covenants, 2nd Edition

Enforceability of Landlord and Tenant Covenants, 2nd Edition

Author: Timothy Fancourt, QC
Publisher: Sweet & Maxwell U.K.
ISBN: 9780421952904
Published In: December 2006
Format: Hardback , 474 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This highly respected work, often cited in the Court of Appeal, provides detailed guidance on the enforceability of leasehold covenants. It covers both "new" tenancies created since the Landlord and Tenant (Covenants) Act 1995, which made fundamental changes in this area, and "old", pre-1995 tenancies.

A decade on from implementation of the 1995 Act, this new edition explains current law and practice, examining the important changes introduced by subsequent human rights and property legislation, and explaining its interpretation by the courts.

* Steers practitioners step-by-step through a particularly complicated area of law
* Combines detailed analysis of legislation and case law with practical guidance
* Deals with the significant changes introduced by the Human Rights Act 1998, the Contract (Rights of Third Parties) Act 1999, and the Land Registration Act 2002
* Explains the implications of key recent case law, such as Avonridge v Mashu, Bloomfield v Williams, and Kellogg v Tobin
* Includes a new chapter dealing with specific performance and injunctions as remedies for enforcement of landlord and tenant obligations
* Use checklists to clarify complex aspects of law and practice
* Reproduces forms and statutory material in appendices so they can be consulted easily

Introduction to leasehold covenants
Old and new tenancies
Privity of contract
Liability as between original lessee and assignee of the lessor's reversion
Liability as between original lessor and assignee of the term
Liability as between assignees of term and reversion
Rights of original lessees and their assignees inter se
Rights of original lessor and assignees of the reversion against sub-tenants and mortgagees of the term
Insolvency and disclaimer
Third party covenants
Landlord covenants and tenant covenants
Transmission of benefit and burden of landlord covenants and tenant covenants
Transmission of rights of re-entry
Release of covenants on assignment
Apportionment
Excluded assignments
Third party covenants, rights and obligations
Authorised guarantee agreements
Forfeiture and disclaimer
Fixed charges
Variation in tenant covenants after assignment
Overriding leases
Anti-avoidance
Landlord's consent to assignment, etc, of tenancy
Repeals and amendments