alteraitons Flashcards
tenants statutory right to alterations
If the tenants proposed alterations are improvements, even if the lease contains an absolute covenant against alterations, the T can overcome this.
S2 LTA 1927 T serves a notice on the LL of its intention to carry out improvements.
what will the court consider under s3?
the court will give permission if the improvements:
- add to letting value
- reasonable and suitable to the character of the property
- will not diminish the value of other property belonging to LL
when must the LL object by?
Within three months, if not T can go ahead with the improvements
when must the LL object by?
Within three months, if not T can go ahead with the improvements
does change of use qualified covenant change to a fully qualified covenant under statue?
No
what covenant does the code require the LL to give for internal non- structural alterations in a lease of part vs lease of whole?
lease of part- fully qualified
Least of whole- no permission required
is a qualified covenant against assignment upgraded to a fully qualified covenant?
yes
Date for old lease v date for new lease
Old- granted before 1st January 1996
new- granted after 1st January 1996
Date for old lease v date for new lease
Old- granted before 1st January 1996
new- granted after 1st January 1996
what happens during assignment under the old lease?
the old tenant remains liable for the covenants under the lease.
the new tenant is only liable for certain matters under the privity of estate and will need to have a covenant directly with the landlord
what happens during assignment under a new lease?
the original tenant is released from liability and all of the tenant covenants are passed to the new tenants. This is why an Authorised Guarantee Agreement is usually required by landlords
What does an authorised guarantee agreement do?
the original tenant can agree to guarantee the obligations of the incoming tenant
when does an obligation under an AGA end?
When there is a subsequent tenant.
what is a lease is silent about an AGA
LL can only require if it is reasonable to do so
what is the difference between assignment and underletting?
Unlike assignment, the tenant does not pass its leasehold interest entirely, but grants under lease to under tenant
what is the difference between assignment and underletting?
Unlike assignment, the tenant does not pass its leasehold interest entirely, but grants under lease to under tenant
what are the obligation for under leasing
- T stays T of LL, must pay rent to ensure other obligations are performed.
- T receives rent from under tenant
- T can also enforce the under- tenants covenants
what if a lease is silent about the tenant underletting
T is free to underlet
is a qualified covenant against underletting upgraded to a fully qualified covenant?
a qualified covenant against under letter automatically converts to a fully qualified covenant and the decision must be made within a reasonable time
what are the under tenants liabilities to the LL
As there is no privity of contract or privity of estate between LL and UT the LL is unable to enforce covenants against the UT . LL may want the UT to covenant directly with LL .
is consent of LL required for underletting and assignment? if so how is it given?
- Yes
- given by deed
