Alienation covenants and the Landlord and Tenant Act 1988: it ain't over until the landlord consents
Sandham, J.A.
Alienation covenants and the Landlord and Tenant Act 1988: it ain't over until the landlord consents - 2004 - Conveyancer and Property Lawyer (68) November/December 2004, 453-481(29) .
Questions whether the Landlord and Tenant Act 1988 has succeeded in settling the problems with alienation covenants that it was designed to solve. Examines how easily landlords could refuse consent to assign or sublet commercial leases before the 1988 Act. Scrutinises the Law Commission's efforts to change the law. Reviews case law in which the Act has been applied and highlights issues that the Law Commission has failed to address. Discusses the concept of reasonableness in respect of the landlord's refusal and the use of collateral deeds. Considers whether the Act is only applicable in respect of actions for breach of statutory duty, requests for further information and the issues raised by the adoption of the Landlord and Tenant (Covenants) Act 1995.
LANDLORD AND TENANT (COVENANTS) ACT 1995 S22
LANDLORD AND TENANT ACT 1988
LANDLORD AND TENANT ACT 1927 S19
LAW OF PROPERTY ACT 1925 S146
CIVIL PROCEDURE RULES 1998
COMMERCIAL LEASES
ALIENATION CLAUSES
REASONABLE BEHAVIOUR
Alienation covenants and the Landlord and Tenant Act 1988: it ain't over until the landlord consents - 2004 - Conveyancer and Property Lawyer (68) November/December 2004, 453-481(29) .
Questions whether the Landlord and Tenant Act 1988 has succeeded in settling the problems with alienation covenants that it was designed to solve. Examines how easily landlords could refuse consent to assign or sublet commercial leases before the 1988 Act. Scrutinises the Law Commission's efforts to change the law. Reviews case law in which the Act has been applied and highlights issues that the Law Commission has failed to address. Discusses the concept of reasonableness in respect of the landlord's refusal and the use of collateral deeds. Considers whether the Act is only applicable in respect of actions for breach of statutory duty, requests for further information and the issues raised by the adoption of the Landlord and Tenant (Covenants) Act 1995.
LANDLORD AND TENANT (COVENANTS) ACT 1995 S22
LANDLORD AND TENANT ACT 1988
LANDLORD AND TENANT ACT 1927 S19
LAW OF PROPERTY ACT 1925 S146
CIVIL PROCEDURE RULES 1998
COMMERCIAL LEASES
ALIENATION CLAUSES
REASONABLE BEHAVIOUR