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06 November 2008
Issue: 7344 / Categories: Features , Landlord&tenant
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Law Reports

Landlord and tenant—Assignment of lease— Implied covenant

Landlord and tenant—Assignment of lease— Implied covenant

Scottish & Newcastle plc v Raguz, [2008] UKHL 65, [2008] All ER (D) 283 (Oct)

House of Lords, Lord Hoffmann, Lord Hope, Lord Scott, Lord Walker and Lord Brown

The words “the date when the charge becomes due” in s 17(2) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) means the date when the landlord would be able to sue for the money. Accordingly, additional sums payable under a rent review clause do not ‘become due’ until the increase has been agreed or determined.

Timothy Fancourt QC and Christopher Stoner (instructed by Eversheds LLP) for the claimant. Stephen Jourdan and Marion Lonsdale (instructed by Sharpe Pritchard as London Agents for LHP Law LLP) for the defendant.

The claimant was the original tenant of two underleases. It assigned both to the defendant. By virtue of the Land Registration Act 1925, the assignments contained an implied covenant by the defendant that he and his successors would pay the rent reserved by the underleases, and comply with the covenants and conditions contained therein; and

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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