Alienation covenants and the Landlord and Tenant Act 1988: it ain't over until the landlord consents
Series: Conveyancer and Property Lawyer ; (68) November/December 2004, 453-481(29)Publication details: 2004Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68648 (Browse shelf(Opens below)) | 1 | Available | 128607-1001 |
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.