Personal remarks
Conway, K
Personal remarks - 2001 - Estates Gazette (0121) 26 May 2001 162(1) .
In the recent case of "BHP Petroleum Ltd v Chesterfield Properties Ltd", it was found that statutory releases do not apply to personal convenants. Article examines the consequences of this decision for landlords and tenants, the key one being that personal obligations continue to bind the person who undertook them, even if they no longer hold the reversion. When applied to personal covenants given by tenants, the "BHP" case infers that original tenant liability can be recreated. Concludes that the "BHP" case does not clarify exactly what a personal covenant is, and it may be necessary for the courts to take another look.
LEASES
PERSONAL COVENANTS
STATUTORY RELEASE PROVISIONS
LIABILITY
LANDLORD AND TENANT (COVENANTS) ACT 1995
BHP PETROLEUM GREAT BRITAIN LTD V CHESTERFIELD PROPERTIES LTD
Personal remarks - 2001 - Estates Gazette (0121) 26 May 2001 162(1) .
In the recent case of "BHP Petroleum Ltd v Chesterfield Properties Ltd", it was found that statutory releases do not apply to personal convenants. Article examines the consequences of this decision for landlords and tenants, the key one being that personal obligations continue to bind the person who undertook them, even if they no longer hold the reversion. When applied to personal covenants given by tenants, the "BHP" case infers that original tenant liability can be recreated. Concludes that the "BHP" case does not clarify exactly what a personal covenant is, and it may be necessary for the courts to take another look.
LEASES
PERSONAL COVENANTS
STATUTORY RELEASE PROVISIONS
LIABILITY
LANDLORD AND TENANT (COVENANTS) ACT 1995
BHP PETROLEUM GREAT BRITAIN LTD V CHESTERFIELD PROPERTIES LTD