Enforceability of Landlord and Tenant Covenants, 3rd Edition

Enforceability of Landlord and Tenant Covenants is identifies the rights of various persons connected with a lease to enforce its terms, and the liability of others to have them forced against them.It examines in details all the issues in the in this subject area of great relevance 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
• Examines the validity and enforceability of authorised guarantee agreements (AGAs) and sub-guarantees of AGAs
• 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