header-logo header-logo

03 June 2010 / Julian Sidoli Del Ceno
Issue: 7420 / Categories: Features , Landlord&tenant , Property
printer mail-detail

A bitter harvest?

Julian Sidoli del Ceno considers the future of ongoing guarantees for landlords

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) set out to limit a tenant’s liabilities to the landlord following assignation. Hitherto, a former tenant might find themselves liable for a subsequent tenant’s default even though they may have parted company from any interest in the property in question many years before and there may have been a number of subsequent assignations over which they themselves would have had no control or even knowledge. The concern over this unjust state of affairs stretches back many decades and was brought to the fore in the law commission’s report Landlord and Tenant Law: Privity of Contract and Estate (Law Com no 174 1988) which paved the way for the subsequent 1995 Act.

Baroness Hale, in a well-known statement said: “The mischief at which the commission’s recommendations were aimed was the continuation of a liability long after the parties had parted with their interests in the property to which it was related.” (Avonridge Property Co Ltd v Mashru [2005] UKHL 70, [2006]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll