Landlord and Tenant (Covenants) Act 1995
| Jurisdiction | UK Non-devolved |
| Citation | 1995 c. 30 |
| Year | 1995 |
(1) Sections 3 to 16 and 21 apply only to new tenancies.(2) Sections 17 to 20 apply to both new and other tenancies.an agreement entered into before that date, oran order of a court made before that date.(4) Subsection (3) has effect subject to section 20(1) in the case of overriding leases granted under section 19.(5) Without prejudice to the generality of subsection (3) , that subsection applies to the grant of a tenancy where by virtue of any variation of a tenancy there is a deemed surrender and regrant as it applies to any other grant of a tenancy.(6) Where a tenancy granted on or after the date on which this Act comes into force is so granted in pursuance of an option granted before that date, the tenancy shall be regarded for the purposes of subsection (3) as granted in pursuance of an agreement entered into before that date (and accordingly is not a new tenancy) , whether or not the option was exercised before that date.(7) In subsection (6) “option” includes right of first refusal.whether or not the covenant has reference to the subject matter of the tenancy, andwhether the covenant is express, implied or imposed by law,section 35 or 155 of the paragraph 1 of Schedule 6A to that Act (covenants requiring redemption of landlord’s share) ; orF1section 11 or 13 of the Housing Act 1996 orparagraph 1 or 3 of Schedule 2 to the Housing Associations Act 1985 (covenants for repayment of discount on early disposals or for restricting disposals) .shall be annexed and incident to the whole, and to each and every part, of the premises demised by the tenancy and of the reversion in them, andshall in accordance with this section pass on an assignment of the whole or any part of those premises or of the reversion in them.immediately before the assignment they did not bind the assignor, orthey fall to be complied with in relation to any demised premises not comprised in the assignment; andbecomes entitled to the benefit of the landlord covenants of the tenancy except to the extent that they fall to be complied with in relation to any such premises.immediately before the assignment they did not bind the assignor, orthey fall to be complied with in relation to any demised premises not comprised in the assignment; andbecomes entitled to the benefit of the tenant covenants of the tenancy except to the extent that they fall to be complied with in relation to any such premises.(4) In determining for the purposes of subsection (2) or (3) whether any covenant bound the assignor immediately before the assignment, any waiver or release of the covenant which (in whatever terms) is expressed to be personal to the assignor shall be disregarded.(5) Any landlord or tenant covenant of a tenancy which is restrictive of the user of land shall, as well as being capable of enforcement against an assignee, be capable of being enforced against any other person who is the owner or occupier of any demised premises to which the covenant relates, even though there is no express provision in the tenancy to that effect.in the case of a covenant which (in whatever terms) is expressed to be personal to any person, to make the covenant enforceable by or (as the case may be) against any other person; orto make a
To continue reading
Request your trial