Enforceability of covenants in 'new' leases - Landlord
3 important questions on Enforceability of covenants in 'new' leases - Landlord
Can the landlord be automatically released like the tenant upon assignment? How can the original landlord apply to be released (s.6(2)(a) LP(C)A 1995)?
The landlord will not be automatically released on assignment as it could seriously impact the tenant. The landlord must apply to the tenant for release (s.6(2)(a) LP(C)A 1995).
Does the assigned landlord acquire the burden and benefit of the covenants (s.3(3)(a)/(b) LP(M)A 1995)? Can the covenant be personal? (s.3(6)(a) LP(M)A 1995)?
The new landlord acquires the burden of the landlord covenants (s.3(3)(a) LP(M)A 1995) and the benefits of the tenant covenants (s.3(3)(b) LP(M)A 1995). The covenant must not be expressed as personal (s.3(6)(a) LP(M)A 1995)
Can the assigned landlord prematurely end the lease if the tenant fails to meet their obligations? What is this process called (s.4 LP(M)A 1995)?
The new landlord acquires the benefit of forfeiting (forfeiture) the lease if the tenant defaults.
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