2.5 Leases - Liability Towards Covenants Flashcards
1
Q
What are the parties’ liabilities for leases granted before 1 January 1996?
A
Landlord + Tenants liable to each other
- Privity of contract
T’s liability (TP’s breach of covenants touch and concern land) (breaches AFTER assignment)
- L/L’s successor vs T/TP (one or other) - Privity of estate
- UNLESS TP indemnifies T (registered land - implied; unregistered land - express)
2
Q
What are the parties’ liabilities for leases granted on/after 1 January 1996?
A
T vs L
L NOT vs T (released from liability)
UNLESS T entered AGA > TP will guarantee performance => T is liable (breaches BEFORE assignment)
- Lease > Commercial (parties’ agreement in advance)/Residential
- L’s consent > Conditional to assignment
- UNLESS TP indemnifies T (expressly)
L vs TP (breaches BEFORE assignment)
3
Q
What is required for Landlord to notify parties regarding their breaches of covenant?
A
S. 17 notice
- Within 6 months of breach
