Continuing liability
Bright, S.J.
Continuing liability - 1987 - Law Society`s Gazette 84 (9) 4 March 1987, 642-643 (2) .
Under the doctrine of privity of contract , an original tenant remains liable to the original landlord throughout the term of the lease of a property , whether or not the tenant has ceased to occupy the property. Recognising the unfairness of the present system the Law Commission has published a working paper. Suggested reforms include abrogation of privity of contract and differentiating between residential and commercial lettings. Also looks at reforms not considered by the Law Commssion such as the possibility of the original tenant insuring against future claims and negotiating a variation in the lease so that the tenant`s liability will cease when he ceases to have an interest in the property.
LAW COMMISSION WORKING PAPER NO 95
Continuing liability - 1987 - Law Society`s Gazette 84 (9) 4 March 1987, 642-643 (2) .
Under the doctrine of privity of contract , an original tenant remains liable to the original landlord throughout the term of the lease of a property , whether or not the tenant has ceased to occupy the property. Recognising the unfairness of the present system the Law Commission has published a working paper. Suggested reforms include abrogation of privity of contract and differentiating between residential and commercial lettings. Also looks at reforms not considered by the Law Commssion such as the possibility of the original tenant insuring against future claims and negotiating a variation in the lease so that the tenant`s liability will cease when he ceases to have an interest in the property.
LAW COMMISSION WORKING PAPER NO 95