| Preface |
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xiii | |
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xxxv | |
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Table of Statutory Instruments |
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xlvii | |
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Table of European Materials |
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xlix | |
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PART 1 RESTRICTIONS ON ALIENATION |
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1 Disposition Rights of Tenants |
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3 | (5) |
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3 | (1) |
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1.2 Curtailment of the basic freedom: (1) by statute |
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3 | (1) |
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1.3 Curtailment of the basic freedom: (2) by the terms of the lease |
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4 | (1) |
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1.4 Consequences of a disposition in breach of covenant |
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4 | (1) |
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1.5 Absolute, qualified and fully qualified restrictions |
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5 | (3) |
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2 Types of Disposition Commonly Restricted |
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8 | (28) |
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2.1 The wide variety of restrictions |
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8 | (1) |
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2.2 General principles of construction |
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8 | (3) |
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2.3 Restrictions on assignment |
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11 | (5) |
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2.4 Restrictions on sub-letting |
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16 | (2) |
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2.5 Restrictions on parting with possession |
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18 | (8) |
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2.6 Restrictions on sharing possession or occupation |
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26 | (2) |
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2.7 Restrictions on mortgages by sub-demise |
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28 | (1) |
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2.8 Restrictions on charges |
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29 | (1) |
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30 | (1) |
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2.10 Involuntary assignments |
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30 | (1) |
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31 | (1) |
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31 | (1) |
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31 | (1) |
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2.14 Vesting in a trustee in bankruptcy |
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32 | (2) |
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2.15 Vesting in personal representatives on death |
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34 | (1) |
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2.16 Assignments to company liquidators, etc |
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34 | (1) |
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2.17 Trespass and adverse possession |
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34 | (2) |
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3 The Burden of Disposition Covenants |
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36 | (11) |
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36 | (1) |
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3.2 Leases granted before 1 January 1996 |
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36 | (7) |
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3.3 Leases granted on or after 1 January 1996 |
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43 | (4) |
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4 Fully Qualified Covenants against Disposition |
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47 | (23) |
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4.1 The nature of a fully qualified covenant |
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47 | (1) |
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4.2 The intervention of statute: section 19(1)(a) of the Landlord and Tenant Act 1927 |
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48 | (5) |
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4.3 Variations on the fully qualified covenant |
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53 | (10) |
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4.4 Payments to the landlord |
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63 | (7) |
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5 The Landlord and Tenant Act 1988 |
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70 | (27) |
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5.1 The mischief at which the Act is directed |
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70 | (3) |
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5.2 The workings of the Act |
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73 | (17) |
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5.3 The relationship between the action for breach of statutory duty and the action on the covenant |
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90 | (4) |
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5.4 Right to manage (RTM) companies under the Commonhold and Leasehold Reform Act 2002 |
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94 | (3) |
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6A Unreasonable Withholding of Consent -- General Principles |
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97 | (22) |
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6A.1 The landlord can withhold consent or impose conditions in order to protect the benefits it obtains under the lease but not to obtain an uncovenanted advantage |
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98 | (10) |
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6A.2 Subject to (1), the question whether the landlord's conduct was reasonable or unreasonable will be one of fact to be decided by the tribunal of fact |
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108 | (2) |
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6A.3 The landlord's obligation is to show that its conduct is reasonable, not that it is right or justifiable |
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110 | (1) |
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6A.4 The reasons upon which the landlord relies must have affected its mind when withholding consent or imposing conditions upon its consent |
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111 | (1) |
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6A.5 Where the landlord relies upon a good and a bad reason, the good reason must be sufficient and not be vitiated by the bad |
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112 | (4) |
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6A.6 The harm to the landlord must not be disproportionately outweighed by the detriment which would be suffered by the tenant should consent be refused |
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116 | (3) |
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6B Unreasonable Withholding of Consent -- Specific Reasons |
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119 | (1) |
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6B.1 Objections based upon the proposed disponee's user where there is a provision which restricts user |
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119 | (58) |
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6B.2 Objections based upon the proposed disponee's user where there is no provision in the lease which restricts user, or such provision as there is, will be complied with |
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125 | (3) |
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6B.3 Objections based upon harm to other property of the landlord |
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128 | (3) |
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6B.4 Objections based on good estate management |
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131 | (6) |
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6B.5 Objections based upon the financial or business status of an assignee |
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137 | (9) |
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6B.6 Objections based upon the financial or business status of an under-lessee |
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146 | (2) |
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6B.7 Objections based upon the terms of a proposed under-lease |
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148 | (3) |
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6B.8 Objections based on the disponee's legal status |
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151 | (8) |
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6B.9 Objections based on interference with the landlord's development plans |
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159 | (3) |
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6B.10 Objections based on the continuance of the term |
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162 | (5) |
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6B.11 Objections based on the tenant's breach of covenant |
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167 | (2) |
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6B.12 Objections unlawful under the Equality Act 2010 |
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169 | (1) |
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6B.13 Objections based upon the refusal of a superior landlord to give a necessary consent |
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170 | (1) |
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6B.14 Conditional consents |
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171 | (6) |
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7 Special Categories of Tenant |
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177 | (16) |
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7.1 Private sector residential tenants: Tenancies subject to the Rent Act 1977 |
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177 | (2) |
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7.2 Private sector residential tenants: Assured Tenancies under the Housing Act 1988 |
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179 | (2) |
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7.3 Public sector residential tenants: Secure tenancies subject to the Housing Act 1985 |
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181 | (3) |
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7.4 Public sector residential tenants: Introductory tenancies under Housing Act 1996 |
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184 | (1) |
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7.5 Prevention of Social Housing Fraud Act 2013 |
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185 | (1) |
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7.6 Transfer of tenancies on relationship breakdown |
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185 | (2) |
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7.7 Non-residential tenants |
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187 | (6) |
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PART 2 RESTRICTIONS ON ALTERATIONS AND IMPROVEMENTS |
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8 Restrictions on Alterations and Improvements |
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193 | (40) |
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8.1 Restrictions on the tenant's freedom to alter |
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193 | (11) |
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8.2 Impact of statute on the operation of terms |
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204 | (14) |
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8.3 Unreasonable withholding of consent |
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218 | (11) |
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229 | (4) |
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PART 3 RESTRICTIONS ON USE |
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233 | (24) |
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9.1 Restrictions on the tenant's freedom to use the premises as it likes |
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233 | (7) |
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9.2 Absolute, qualified and fully qualified covenants |
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240 | (5) |
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9.3 Full qualification and reasonableness |
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245 | (4) |
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9.4 Statutory regulation of terms |
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249 | (8) |
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PART 4 CONTRACTS AND CONSENTS |
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10 Contracts and Consents |
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257 | (16) |
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257 | (4) |
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261 | (7) |
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268 | (1) |
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10.4 Registered title and consents |
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269 | (4) |
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PART 5 LITIGATION CONSIDERATIONS |
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11 Landlord and Tenant's Considerations: The Need for Formal Licence (or, `Granting Consent by Accident') |
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273 | (6) |
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12 Tenant's Considerations (1): The Mechanics of Obtaining Consent |
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279 | (4) |
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13 Tenant's Considerations (2): The Commencement and Pursuit of Dispute Resolution Procedures in Relation to a Refusal of Consent under a Fully Qualified Covenant |
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283 | (15) |
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13.1 Legal proceedings in the High Court or County Court |
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283 | (12) |
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295 | (2) |
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297 | (1) |
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13.4 Expert determination |
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297 | (1) |
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14 Landlord's Considerations (1): The Response to the Initiation of Dispute Resolution Procedures in Relation to a Refusal of Consent under a Fully Qualified Covenant |
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298 | (5) |
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14.1 Legal proceedings in the High Court or County Court |
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298 | (1) |
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14.2 Commencing proceedings |
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298 | (1) |
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299 | (1) |
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299 | (1) |
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299 | (1) |
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300 | (1) |
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14.7 Request for information |
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301 | (1) |
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301 | (1) |
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301 | (1) |
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301 | (1) |
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301 | (1) |
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302 | (1) |
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302 | (1) |
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302 | (1) |
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15 Landlord's Considerations (2): Landlord's Remedies against a Tenant Proceeding without Necessary Consent |
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303 | (8) |
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303 | (3) |
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15.2 Relief against forfeiture |
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306 | (2) |
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308 | (2) |
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15.4 Landlord's claim for damages |
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310 | (1) |
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16 Selection of Precedents |
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311 | (28) |
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16.1 Pre-action correspondence |
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311 | (7) |
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16.1.1 Tenant's request for consent |
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311 | (1) |
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16.1.2 Landlord's response seeking further information |
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312 | (1) |
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16.1.3 Landlord's response refusing consent |
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313 | (1) |
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16.1.4 Landlord's response granting conditional consent |
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314 | (1) |
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16.1.5 Tenant's request for confirmation that landlord will not re-enter by physical re-entry |
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315 | (1) |
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16.1.6 Tenant's Pre-Action Letter |
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316 | (2) |
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16.2 Statements of case in claims under CPR Part 7 |
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318 | (4) |
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16.2.1 Tenant's Particulars of Claim for declaration that consent unreasonably withheld and for damages |
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318 | (2) |
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16.2.2 Landlord's Defence to the above |
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320 | (2) |
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16.3 Tenant's Claim under CPR Part 8 |
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322 | (4) |
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16.3.1 Claim Form for declaration that tenant has right to effect disposition without landlord's consent because consent unreasonably withheld |
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322 | (2) |
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16.3.2 Witness statement in support of Part 8 Claim |
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324 | (2) |
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326 | (13) |
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16.4.1 Landlord's claim for damages for underletting without consent |
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326 | (2) |
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16.4.2 Landlord's claim for injunction for underletting/assigning without consent |
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328 | (1) |
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16.4.3 Landlord's claim for forfeiture for underletting/assigning without consent |
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329 | (2) |
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16.4.4 Landlord's Particulars of Claim for possession and damages in relation to breach of user covenant |
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331 | (3) |
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16.4.5 Defence and Counterclaim to the above Claim |
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334 | (5) |
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Appendix 1 Landlord and Tenant Act 1988 |
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339 | (4) |
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Appendix 2 Operation of the Landlord and Tenant Act 1988 (see Generally
Chapter 5) |
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343 | (1) |
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Appendix 3 Miscellaneous Statutory Provisions |
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344 | (20) |
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A Law of Property Act 1925, s 84 |
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344 | (4) |
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B Landlord and Tenant Act 1927, ss 3 and 19 |
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348 | (5) |
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C Landlord and Tenant Act 1954, s 35 |
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353 | (1) |
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D Housing Act 1980, ss 81--82 |
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354 | (2) |
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E Housing Act 1985, ss 91--95, 97, 98 |
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356 | (4) |
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360 | (1) |
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G Housing Act 1996, s 134 |
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361 | (1) |
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H Communications Act 2003, s 134 |
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362 | (2) |
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364 | (2) |
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A The seven propositions of Balcombe LJ in International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [ 1986] 1 Ch 513 at 519 |
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364 | (1) |
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B The three overriding principles of Lord Bingham in Ashworth Frazer Ltd v Gloucester City Council [ 2001] UKHL 59 [ 2001] 1 WLR 2180 at [ 3] |
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365 | (1) |
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Appendix 5 Statutory Regulation of Alteration Terms |
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366 | (3) |
| Index |
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369 | |
Lisainfo e-raamatute kohta