Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995 – New Square Chambers

Posted March 17th, 2015 in appeals, covenants, landlord & tenant, news by sally

‘The Landlord and Tenant (Covenants) Act 1995, applies to “new tenancies” – tenancies granted on or after 1 January 1996. It reformed privity of contract in this area, giving a clean break to tenants on assignment of a new tenancy, except for excluded assignments and authorised guarantee agreements(AGAs). A guarantor is released to the same extent as a tenant upon a lawful assignment. s.25(1)(a) makes void agreements which have effective to frustrate the provisions of the 1995 Act. Below is a look at recent decisions concerning the application of the anti-avoidance provision and of other provisions against that background.’

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New Square Chambers, February 2015