Steps to Assign lease Flashcards

(17 cards)

1
Q

Purpose of license to assign?

A

Get landlord to consent to assignor handing over lease to assignee

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2
Q

SC for landlord’s consent deadlines?

A

SC: either party can rescind contract if consent not given 3 working days before completion

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3
Q

SCPC for landlord’s consent deadline?

A

SCPC: completion is postponed to 5 working day after notified consent is given + cannot rescind until 6 months pass OG completion date

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4
Q

Who prepares license to assign?

A

landlord’s solicitor

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5
Q

What is in a license to assign?

A
  • landlord’s consent + conditions
  • if lease after 1996: AGA
  • before 1996: direct covenant
  • assignor undertakes to pay landlord​s legal costs
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6
Q

New lease?

A

After 1996

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7
Q

old lease?

A

before 1996

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8
Q

What is a deed of assignment + who drafts?

A

Transfers legal title drafted by assignee’s solicitor

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8
Q

Protect landlord under new lease by…

A

AGA to promise new tenant will comply with covenants until next lease assignment

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8
Q

Protect landlord under old lease by…

A

T2 enter into direct covenant with landlord - liable for rest of lease

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9
Q

Liability under old lease

A

T1 liable until end of their lease term (privity of contract)
T2 only liable if DC given

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10
Q

Liability under new lease

A

T1 - automatically released from liabilty unless AGA is asked by landlord
T2: all tenants passed onto them = fully liable

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11
Q

privity of estate

A

current landlord and current tenant for new or old lease

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12
Q

When is it justified for landlord to refuse lease assignment

A
  • concerned tenants inability to pay rent
  • tenant’s use of property
  • tenants business will compete with landlords
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13
Q

Condition for landlord givign consent to assign lease?

A

Cannot be unreasonably witheld or delayed –> tenant gets damages

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14
Q

Consent to underlet by landlord

A

Give consent in reasonable time

15
Q

L

Liabilties in underletting lease

A

Tenant is still liable for remainder of lease term

Undertenant liable to landlord via direct covenant