Structure and content of a lease Flashcards
What is a full repairing and insurance lease?
When the landlord gets all profits from rent, without having to use them for repairs or insurance
s.19(1)(a) LTA 1927
implies that consent can’t be unreasonably withhold into any qualified covenant against assignment (converts it into a fully qualified covenant)
s.19(1A) LTA 1927
allows the landlord and tenant to agree in advance on conditions in which it wouldn’t be unreasonable for the landlord to refuse consent (they’re deemed to be reasonable)
s.1 LTA 1988
If there’s a qualified covenant against assignment and the tenant made a written application for consent, the landlord must within a reasonable time:
- give consent (unless reasonable not to), and
- serve on the tenant a written notice including any conditions on consent or reasons for withholding it
Who is bound by the RICS code?
Members of the Royal Institute of Chartered Surveyors (not landlords, solicitors…)