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L & T (Covenants) Act 1995
This page contains information onAssignment of the reversion - s8
Contracting out - s25 - the Avonridge case.
Recovery from orginal tenants - s17 notices (Raguz)
Assignment of reversion
Personal obligations of landlord
Where a landlord assigns the reversion in premises he may apply to be released from the landlord covenants of the tenancy by serving a notice on the tenant under s8 of the 1995 Act. However, an obligation that is personal to the original landlord is not a landlord covenant.
In this case the original landlord agreed to refurbish a building. In the agreement there was a personal obligation to remedy defective works. The agreement also provided that following completion of the works a lease would be granted, which was what occurred. As the obligation to do the works was a personal one the original landlord could not escape liability by serving a s8 notice when it assigned the reversion.
BHP Great Britain Petroleum Ltd v Chesterfield Properties Ltd [2001] EWCA Civ 1797; [2002] 2 WLR 672; [2002] 1 P&CR 2; [2001] L&TR 28; [2002] 1 All ER 821
(HL refused leave to appeal: [2002] 1 WLR 1449)
Articles:
- Personal covenants b ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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