Land 10 - LL remedies Flashcards
What is the basic rule regarding alienation in leases?
Tenant can do anything that is not expressly prohibited
Define alienation in the context of leases.
A method for the tenant disposing of the whole, or part, of their interest in a leasehold property (assignment, underletting, parting with possession)
What is an assignment in lease terms?
Sale by the tenant of the remainder of their lease to another party
Is it necessary to amend the lease to show that it has been assigned?
Not necessary to amend the lease
What must be done for registrable leases when there is a change of proprietor?
The deed of assignment must also be registered to update the registered proprietor
What are the formalities required to transfer a lease?
Deed + Registration using Land Registry form TR1
In the case of subletting, who is responsible for performing the covenants in the headlease?
Tenant is always responsible
What must a lease be granted by if the term is over 7 years?
Deed (LPA 1925, s52) which must be registered (LRA 2002, s 27(2)(b))
What does LTA 1927, s19(1)(a) do regarding covenants against alienation?
Converts all qualified covenants against alienation to fully qualified covenants
What constitutes unreasonable grounds for a landlord to refuse consent for assignment?
Grounds which have nothing to do with the landlord-tenant relationship
How long does a landlord have to give written consent after receiving a tenant’s application?
28 days from receipt of the application and references
What can landlords and tenants agree upon in new leases after 1997 regarding consent?
Circumstances in which consent will be withheld and conditions on which consent may be granted
What is the effect of assignment on tenant covenants in new leases after 1 Jan 1996?
Assignment automatically releases tenant from tenant covenant (LTCA 1995, s5)
What happens to the landlord’s liability upon assignment of reversionary interest?
No automatic release, but they can apply to tenant for release (LTCA 1995, s6)
What must outgoing tenants ensure their assignee enters into upon assignment?
An express indemnity covenant to pay rent and perform all covenants
True or False: There is a direct relationship between the landlord and the subtenant.
False
What happens if a landlord forfeits a headlease?
The sublease is also terminated automatically
What must a landlord do within six months of the charge becoming due?
Serve notice on former tenants
What are former tenants and guarantors not liable for regarding variations made to the lease?
Amounts owed in respect of variations they could not have anticipated
What can a former tenant request over an assignee to ensure compliance with the lease?
An overriding lease
What is the duration of an overriding lease granted to a former tenant?
Equal to the remaining term of the lease in question plus three days
What does the overriding lease contain?
Same covenants as the lease in question, excluding personal covenants
