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Let's get personal

By: Contributor(s): Series: Estates Gazette ; (0209) 2 March 2002, 216(1)Publication details: 2002Subject(s): Summary: Discusses the recent case "BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd" (2001) where the CA held that personal convenants in leases are not released by Landlord and Tenant (Covenants) Act 1995. The decision infers that for landlords and tenants, personal obligations continue to bind the person who undertook them, even when it disposes of its interest. However concludes that the "BHP" case does not clarify what a personal covenant is, and that it is something that the courts have yet to explain.

Discusses the recent case "BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd" (2001) where the CA held that personal convenants in leases are not released by Landlord and Tenant (Covenants) Act 1995. The decision infers that for landlords and tenants, personal obligations continue to bind the person who undertook them, even when it disposes of its interest. However concludes that the "BHP" case does not clarify what a personal covenant is, and that it is something that the courts have yet to explain.