Enforceability of Landlord and Tenant Covenants

Enforceability of Landlord and Tenant Covenants provides a detailed analysis of the enforceability and enforcement of leasehold covenants by all parties to a lease and by non-parties, dealing separately with the law applying to old tenancies and the law in the Landlord and Tenant (Covenants) Act 1995 applying to new tenancies. It examines in detail all the issues in this subject area of great relevance to leases and assignment of leases in day-to-day practice.
You’ll find the new edition:
Is logically structured to steer you through the complex area of the enforceability of landlord and tenant covenants step-by-step
Deals with the law relating to assignment of leases and the liabilities of the assignor and any guarantor
Provides new material on the validity and enforceability of authorised guarantee agreements (AGAs) and sub-guarantees of AGAs and conditions on assignment of leases, and deals fully with the recent Court of Appeal decisions in K/S Victoria Street v House of Fraser (Stores Management) Ltd and Tindall Cobham 1 Ltd v Adda Hotels.
Looks at the release of tenant covenants on assignment and its interrelation to the grant of consent to assign leases
Considers whether assignment clauses entitling landlords in any circumstances to require an AGA on assignment are valid
Explains when contracts for leases amount to “an agreement for a tenancy”
Looks at covenants that are and are not “landlord covenants” and “tenant covenants” within the meaning of the Act
Covers the restrictions on recovery of fixed charges from former tenants and guarantors
Looks at the effect on leases of insolvency and disclaimer
Considers third parties and the operation of the Contracts (Rights of Third Parties) Act 1999
Directly addresses issues around lease liabilities and offers authoritative guidance – an area accounting for a great deal of activity in this field following the economic downturn
Provides detailed analytical commentary supported by comprehensive reference to important case law including many recent significant decisions
Contains text supported by statutory material reproduced in the appendices
Includes directly relevant forms reproduced in the appendices for reference
Is the only stand-alone work to fully address issues surrounding the enforceability of L&T covenants
Revised chapters in light of the significant cases since the last edition which include:
Doleman v Shaw [2009] 2 EGLR 35 (CA) – effect of disclaimer on liability of former tenant of new tenancy
Scottish & Newcastle v Raguz [2008] UKHL 65 (HL) – meaning of provisions of Act of 1995 relating to fixed charges
Good Harvest v Centaur Services [2010] Ch 426 (Ch) – whether AGA void under anti-avoidance provisions of Act of 1995
K/S Victoria Street v House of Fraser [2012] 2 WLR 470 (CA) – whether agreement to become guarantor of assignee void and unenforceable under AGA provisions of Act of 1995
Prudential v Ayres [2008] 1 EGLR 5, (CA) – whether a contract between landlord and former tenant purported to confer a benefit on a third party
Clarence House v Nat West Bank [2010] 1 EGLR 43 (CA) – “virtual assignments” of leases
Landlord Protect v St Anselm [2009] EWCA Civ 99 (CA) – entitlement of landlord under old lease to require surety covenant on assignment of lease
Wembley National Stadium v Wembley (London) [2007] 2 EGLR 115 (Ch) – interrelationship of section 6, 15 and 28 of the Act of 1995
Greene King v Quisine Restaurants [2012] EWCA Civ 698 (CA) – superadded contractual obligation on landlord to give notice to guarantor: whether effective
McGuinness v Norwich & Peterborough Building Society [2011] 1 WLR 613 (Ch) and [2011] EWCA Civ 1286 (CA) – whether liability of guarantor to pay in default is a liability in debt or damages
E.On v Gilesports [2012] EWHC 2172 (Ch) – non-registered equitable assignments and section 17 notices
RVB Investments v Bibby [2013] EWHC – disclaimer by Crown of bona vacantia did not release surety, but no s.17 notice needed for enforcement of obligation to take up new lease
Ridgewood Properties Group v Valero Energy [2013] EWHC 98 (Ch) – whether an option agreement or a conditional agreement for lease is “an agreement for a tenancy” and so a tenancy for the purposes of the Act of 1995