Q&As

What is the liability of an outgoing tenant under an 'old' lease following assignment? Is a landlord obliged to pursue the current tenant for any arrears before pursuing a former tenant or guarantor to a former tenant?

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Published by a ³ÉÈËÓ°Òô Property Disputes expert
Published on: 01 June 2017
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Obligations of an assignor Tenant under an old lease

The general rule is that where the lease is an old tenancy, the original tenant remains liable for the tenant covenants throughout the term of the lease, even if it has assigned its interest.

However, there are some exceptions:

  1. •

    the tenant will not be liable for any obligation arising from a variation of the lease made without its consent following Assignment, unless the variation was anticipated under the terms of the original lease, eg an increase in rent under the rent review clause (see Friends’ Provident Life Office v British Railways Board and section 18 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995))

  2. •

    an assignee of an old tenancy is liable for those tenant covenants that touch and concern the land for as long as the lease remains vested in the assignee (privity

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United Kingdom
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Key definition:
Tenant definition
What does Tenant mean?

A person to whom a lease is granted.

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