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06 November 2008
Issue: 7344 / Categories: Features , Landlord&tenant
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Law Reports

Landlord and tenant—Assignment of lease— Implied covenant

Landlord and tenant—Assignment of lease— Implied covenant

Scottish & Newcastle plc v Raguz, [2008] UKHL 65, [2008] All ER (D) 283 (Oct)

House of Lords, Lord Hoffmann, Lord Hope, Lord Scott, Lord Walker and Lord Brown

The words “the date when the charge becomes due” in s 17(2) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) means the date when the landlord would be able to sue for the money. Accordingly, additional sums payable under a rent review clause do not ‘become due’ until the increase has been agreed or determined.

Timothy Fancourt QC and Christopher Stoner (instructed by Eversheds LLP) for the claimant. Stephen Jourdan and Marion Lonsdale (instructed by Sharpe Pritchard as London Agents for LHP Law LLP) for the defendant.

The claimant was the original tenant of two underleases. It assigned both to the defendant. By virtue of the Land Registration Act 1925, the assignments contained an implied covenant by the defendant that he and his successors would pay the rent reserved by the underleases,

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

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