基本説明
Reproduces forms and statutory material in appendices so they can be consulted easily.
Full Description
This highly respected work, often cited in the Court of Appeal, provides detailed guidance on the enforceability of leasehold covenants. It covers both "new" tenancies created since the Landlord and Tenant (Covenants) Act 1995, which made fundamental changes in this area, and "old", pre-1995 tenancies.A decade on from implementation of the 1995 Act, this new edition explains current law and practice, examining the important changes introduced by subsequent human rights and property legislation, and explaining its interpretation by the courts.* Steers practitioners step-by-step through a particularly complicated area of law* Combines detailed analysis of legislation and case law with practical guidance* Deals with the significant changes introduced by the Human Rights Act 1998, the Contract (Rights of Third Parties) Act 1999, and the Land Registration Act 2002* Explains the implications of key recent case law, such as Avonridge v Mashu, Bloomfield v Williams, and Kellogg v Tobin* Includes a new chapter dealing with specific performance and injunctions as remedies for enforcement of landlord and tenant obligations* Use checklists to clarify complex aspects of law and practice* Reproduces forms and statutory material in appendices so they can be consulted easily
Contents
Introduction to leasehold covenants. Old and New tenancies. Privity of contract for old tenancies. Liability as between original lessee and assignee of the lessor's reversion. Liability as between original lessor and assignee of the term. Liability as between assignees of term and reversion. Rights of original lessees and their assignees interests. Rights of original lessor and assignees of the reversion against sub-tenants and mortgagees of the term. Insolvency and disclaimer. Third party covenants. Landlord covenants and tenant covenants in new tenancies. Transmission of benefit and burden of landlord covenants and tenant covenants. Transmission of rights of re-entry. Release of covenants on assignment. Apportionment. Excluded assignments. Third party and non-party covenants, rights and obligations. Authorised guarantee agreements. Forfeiture and disclaimer. Fixed charges and former tenants. Overriding leases. Anti-avoidance and contracting out. Landlord's consent to assignment. Landlords' consent to assi
