alteraitons

Question 1

tenants statutory right to alterations

Answer 1

If the tenants proposed alterations are improvements, even if the lease contains an absolute covenant against alterations, the T can overcome this.

S2 LTA 1927 T serves a notice on the LL of its intention to carry out improvements.

Question 2

what will the court consider under s3?

Answer 2

the court will give permission if the improvements:
- add to letting value
- reasonable and suitable to the character of the property
- will not diminish the value of other property belonging to LL

Question 3

when must the LL object by?

Answer 3

Within three months, if not T can go ahead with the improvements

Question 3

when must the LL object by?

Answer 3

Within three months, if not T can go ahead with the improvements

Question 4

does change of use qualified covenant change to a fully qualified covenant under statue?

Answer 4

No

Question 5

what covenant does the code require the LL to give for internal non- structural alterations in a lease of part vs lease of whole?

Answer 5

lease of part- fully qualified

Least of whole- no permission required

Question 6

is a qualified covenant against assignment upgraded to a fully qualified covenant?

Answer 6

yes

Question 7

Date for old lease v date for new lease

Answer 7

Old- granted before 1st January 1996

new- granted after 1st January 1996

Question 7

Date for old lease v date for new lease

Answer 7

Old- granted before 1st January 1996

new- granted after 1st January 1996

Question 8

what happens during assignment under the old lease?

Answer 8

the old tenant remains liable for the covenants under the lease.

the new tenant is only liable for certain matters under the privity of estate and will need to have a covenant directly with the landlord

Question 9

what happens during assignment under a new lease?

Answer 9

the original tenant is released from liability and all of the tenant covenants are passed to the new tenants. This is why an Authorised Guarantee Agreement is usually required by landlords

Question 10

What does an authorised guarantee agreement do?

Answer 10

the original tenant can agree to guarantee the obligations of the incoming tenant

Question 11

when does an obligation under an AGA end?

Answer 11

When there is a subsequent tenant.

Question 12

what is a lease is silent about an AGA

Answer 12

LL can only require if it is reasonable to do so

Question 13

what is the difference between assignment and underletting?

Answer 13

Unlike assignment, the tenant does not pass its leasehold interest entirely, but grants under lease to under tenant

Question 13

what is the difference between assignment and underletting?

Answer 13

Unlike assignment, the tenant does not pass its leasehold interest entirely, but grants under lease to under tenant

Question 14

what are the obligation for under leasing

Answer 14

• T stays T of LL, must pay rent to ensure other obligations are performed.
• T receives rent from under tenant
• T can also enforce the under- tenants covenants

Question 15

what if a lease is silent about the tenant underletting

Answer 15

T is free to underlet

Question 16

is a qualified covenant against underletting upgraded to a fully qualified covenant?

Answer 16

a qualified covenant against under letter automatically converts to a fully qualified covenant and the decision must be made within a reasonable time

Question 17

what are the under tenants liabilities to the LL

Answer 17

As there is no privity of contract or privity of estate between LL and UT the LL is unable to enforce covenants against the UT . LL may want the UT to covenant directly with LL .

Question 18

is consent of LL required for underletting and assignment? if so how is it given?

Answer 18

• Yes
• given by deed