000			02597cab a2200277 4500
001			##L132146
008			060116n2005 000 0 eng u
035			_a(Sirsi) u132146
041	0		_aeng
245	0	0	_aLondon Diocesan Fund and others and others v Avonridge Property Company Limited
260			_c2005
520			_a[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.
590			_aIKA170106
650	2	4	_aLONDON DIOCESAN FUND AND OTHERS V AVONRIDGE PROPERTY COMPANY LTD
650	2	4	_aAVONRIDGE PROPERTY COMPANY LTD V LONDON DIOCESAN FUND
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995 S3
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995 S6
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995 S8
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995 S25
650	2	4	_aLANDLORD AND TENANT (COVENANTS) ACT 1995
650	2	4	_aBHP PETROLEUM GREAT BRITAIN LTD V CHESTERFIELD PROPERTIES LTD
650	2	4	_aAVONRIDGE PROPERTY CO LTD V MASHRU
690			_aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES
856	4	0	_uhttps://www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd051201/dfund-1.htm _zView the judgment free of charge at www.parliament.uk....
942			_n0
999			_c76338 _d76338