London Diocesan Fund and others and others v Avonridge Property Company Limited
Language: English Publication details: 2005Subject(s):- LONDON DIOCESAN FUND AND OTHERS V AVONRIDGE PROPERTY COMPANY LTD
- AVONRIDGE PROPERTY COMPANY LTD V LONDON DIOCESAN FUND
- LANDLORD AND TENANT (COVENANTS) ACT 1995 S3
- LANDLORD AND TENANT (COVENANTS) ACT 1995 S6
- LANDLORD AND TENANT (COVENANTS) ACT 1995 S8
- LANDLORD AND TENANT (COVENANTS) ACT 1995 S25
- LANDLORD AND TENANT (COVENANTS) ACT 1995
- BHP PETROLEUM GREAT BRITAIN LTD V CHESTERFIELD PROPERTIES LTD
- AVONRIDGE PROPERTY CO LTD V MASHRU
- PROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 132146-2001 |
[2005] UKHL 70, 1 December 2005. Considers whether the Landlord and Tenant (Covenants) Act 1995 excludes parties' ability to limit their liability under their covenants from the outset in whatever way agreed. Appeal by A against the dismissal of its appeal ((2004) EWCA Civ 1306, Abs68361) in favour of L. A acquired by assignment the lease of a number of shop units, six of which were sublet to L at substantial premiums. A subsequently assigned the head lease to a third party who disappeared leaving the rent due under the head lease unpaid. L had to pay this rent arrears and take out new leases at a higher rent. L bought successful proceedings against A for damages for the breach of the landlord's covenant in cl6 of the lease which stated that the landlord covenants with the tenant so as to be liable after the landlord has disposed of its interest in the property. The judge held that the Act rendered void the words in cl6 limiting A's liability to the time it was the landlord. "Held": appeal allowed. The object of the Act was that on lawful assignment of a tenancy or reversion and irrespective of the terms of the tenancy, the tenant or landlord should have an exit route from his future liabilities. It was not intended to close any other exit route already open to the parties, particularly by agreement that their liability could be curtailed from the outset.