header-logo header-logo

Unnecessary complications

20 November 2015 / Dr Nicholas Roberts
Issue: 7677 / Categories: Features , Property
printer mail-detail
nlj_7677_roberts

Direct deeds of covenant: not worth the paper that they are written on, says Nicholas Roberts

Leasehold conveyancing is in its nature already a complicated matter, so why do some practitioners persist in retaining a complication that at best is a waste of time, and at worst suggests a failure to understand the current law? The complication referred to is the covenant still to be found in many long residential leases for an assignee to enter into a deed of covenant with the landlord, and (if applicable) the management company, whether this is a genuine residents’ management company (RMC), controlled by the leaseholders, or a company which is the alter ego of the landlord.

Pre-1996

In the case of leases granted prior to 1996, when the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) took effect, such deeds of covenant do serve some useful purpose. Although the general principles of the law on privity of estate would have ensured that assignees would automatically have been liable on the tenant’s covenants (and able to sue on the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll