Land Law and Tenant - 2701 Words

Question 1 This Problem concerns the enforceability and remedies of leasehold covenants between landlords and tenants, and their successors in title. The ground floor lease is granted before 1 January 1996 and so the covenants are governed by a mixture of statute and common law. The first and second floor leases were granted in 2001 after the coming into force of the Landlord and Tenant (Covenant) Act 1995 and are dealt with under this statutory regime. Ground Floor On the facts the original landlord, Larry and the Original tenant Tariq have assigned their leasehold estate. Clearly the original parties are bound to each other in contract to perform the covenants contained in the lease. Tariq liability continues throughout the†¦show more content†¦First Floor The enforceability of the two covenants raises similar issues to those considered above, save that the lease is granted on or after 1 January 1996, the Landlord and Tenant (Covenants) Act 1995 is applicable. This makes no distinction between personal and proprietary covenants. Consequently, all leasehold covenants will run to assignees of the reversion of the lease irrespective of whether they touch and concern or have reference to the subject matter of the lease provided they are not expressed to be personal ss2 and 3 LTCA In Ron’s case, therefore, the original tenant’s covenant not to use the first floor other than for the purpose of a recording studio and to allow Larry to use the studio on one day during the Christmas season to record a Christmas carol for his parents, may well run to assignees as neither are actually expressed to be personal, even though the latter is personal under the pre -1996 Swift test.. Also by force of statute, the benefits and burdens of the leasehold covenants pass to assignees. There is no need to prove privity of estate or plead ss141 of the LPA this rule is irrelevant for LTCA leases s3 of the LTCA. The original tenant Sean is released from liability on assignment, subject only to possibility of being required to guarantee the assignee under an Authorised Guarantee Agreement (AGA) ss 5 and 16 of the LTCA. With the above principles in mind Ron cannotShow MoreRelatedCase Law And Other Legal Literature1538 Words   |  7 PagesRecent case law has clearly bright to the fore the benefits of property owners declaring their beneficial interests. Over the years, the UK tenancy law and especially Joint tenancy law, has held the ‘intention’ part of the parties in a joint tenancy contract under presumption . Declaration of interests at the onset of any property transaction serves to provide clarity about parties’ intention and may help in the future to avoid disputes. 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