Enforceability of Landlord and Tenant Covenants
The latest edition of Timothy Fancourt QC’s standard text on the enforceability of covenants has been published. He has appeared in many of the leading cases on the subject in the Court of Appeal and the House of Lords: Edlington Properties Ltd v JH Fenner [2006] 1 WLR 1583, Scottish & Newcastle Plc v Raguz [2008] 1 WLR 2494, Shaw v Doleman [2009] 2 P & CR 12.
The 2nd edition was described as a “highly respected work” (Solicitors Journal), and it remains the only dedicated, standard textbook on this important practical subject.
The 3rd edition examines in detail all issues of enforceability of covenants relevant to leases and assignment of leases in day-to-day practice, in particular:
• The enforceability and enforcement of leasehold covenants by all parties to a lease and by non-parties
• The law applying to old tenancies and the law in the Landlord and Tenant (Covenants) Act 1995 applying to new tenancies
• The law relating to assignment of leases and the liabilities of the assignor, assignee and any guarantors and management company
• New material on the validity and enforceability of authorised guarantee agreements (AGAs) and sub-guarantees of AGAs and conditions on assignment of leases
• The recent Court of Appeal decisions in K/S Victoria Street v House of Fraser (Stores Management) Ltd and Tindall Cobham 1 Ltd v Adda Hotels
• New decisions on the meaning of “tenant covenant” and “agreement for a tenancy”, liability for fixed charges, the release of landlord and tenant liability and the effect of disclaimers.
Fuller details appear on the publisher’s website here
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