Release from landlord's covenants—LT(C)A 1995
Published by a LexisNexis Property Disputes expert
Practice notesRelease from landlord's covenants—LT(C)A 1995
Published by a LexisNexis Property Disputes expert
Practice notesThe landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) gives tenants, and their guarantors, an automatic release from tenant covenants of the tenancy on assignment of the lease. By contrast there is no automatic release for the landlord under LT(C)A 1995. Instead, landlords may apply to their tenants, under LT(C)A 1995, ss 6–8, for a release from the landlord covenants of the tenancy on assigning the reversion, while former landlords who decided not to apply for a release, or who missed the deadline, may apply next time the reversion is assigned. These statutory provisions apply only to new tenancies and so do not benefit the parties:
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to leases granted before 1 January 1996, or
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to leases granted after 31 December 1995 but under an agreement for lease, option or court order made before that date
Should the landlord seek release?
It is not always sensible for landlords to seek a release from covenants in a multi-let building or scheme. This is because as well as being released from the burden of its covenants, the landlord
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