Alienation
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How was the court to interpret separate covenants against subletting containing different conditions or exceptions?
Most commercial leases prevent the tenant from assigning, underletting, or parting with or sharing possession or occupation of its premises without the landlord’s consent. However, tenants who take long leases…
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The anti-avoidance provisions in the LL&T(C)A 1995 are still proving troublesome.
The litigation in UK Leasing Brighton Ltd v Topland Neptune Ltd [2015] EWHC 53 (Ch); [2015] PLSCS 15 stems from the proceedings in Tindall Cobham 1 Ltd v Adda Hotels…
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A proviso in a lease relating to intra-group assignments fell foul of the LL&T(C)A 1995, leaving the tenant needing the landlord’s consent before proceeding
The Landlord and Tenant (Covenants) Act 1995 provides that on an assignment of a lease created after 1 January 1996, tenants and their guarantors are released from liability on their…
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Can companies assign leases intra-group with impunity if requirements for the provision of further parent company guarantees fall foul of the LL&T(C)A 1995?
The Landlord and Tenant (Covenants) Act 1995 provides that on an assignment of a lease created after 1 January 1996, tenants and their guarantors are released from liability under their…
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A newly incorporated company was unable to rely on the characteristics of its owner, or other corporate entities under the same ownership and control, to establish its credentials.
One of the phrases often used to describe the attributes of an acceptable assignee or undertenant specifies that the proposed assignee or undertenant must be “respectable and responsible”.
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PP 2010/171
Restrictions on alienation in a lease
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PP 2003/64
What constitutes “occupation” of property?. This seemingly innocuous question was recently put before the Court of Appeal in a case called Mean Fiddler Holdings Ltd v Islington London Borough Council…