*/
Landlord and tenant – Assignment of lease. A lease was granted to a tenant (T1). T1's obligations under the lease were guaranteed by G. T1 assigned the term of the lease to another (T2), in breach of a covenant in the lease. Accordingly, that assignment was an 'excluded assignment' within the meaning of s 11 of the Landlord and Tenant (Covenants) Act 1995 and T1, as the original lessee and G, as the guarantor, were not released from their liabilities in relation to the covenants in the lease. The parties wished to bring about a result whereby the term of the lease was again vested in T1 and whereby the tenant's obligations under the lease were guaranteed by G under a fresh guarantee. The Chancery Division held that it was open to the parties to proceed with a direct re-assignment of the lease by T2 to T1, with T1's obligations being guaranteed by G in a new guarantee. Such arrangement was not invalidated by s 25 of the Act.
Landlord and tenant – Assignment of lease. A lease was granted to a tenant (T1). T1's obligations under the lease were guaranteed by G. T1 assigned the term of the lease to another (T2), in breach of a covenant in the lease. Accordingly, that assignment was an 'excluded assignment' within the meaning of s 11 of the Landlord and Tenant (Covenants) Act 1995 and T1, as the original lessee and G, as the guarantor, were not released from their liabilities in relation to the covenants in the lease. The parties wished to bring about a result whereby the term of the lease was again vested in T1 and whereby the tenant's obligations under the lease were guaranteed by G under a fresh guarantee. The Chancery Division held that it was open to the parties to proceed with a direct re-assignment of the lease by T2 to T1, with T1's obligations being guaranteed by G in a new guarantee. Such arrangement was not invalidated by s 25 of the Act.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
Adele Akers’ reflections on health and wellbeing support at the very junior end of the Bar
Not one to say, ‘I told you so,’ Sam Thomas continues his cyber series with the key learnings from the major supply chain attack affecting 80 law firms and at least one set of chambers at the end of 2023
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Increasing sophistication and frequency of attacks have led many chambers to ask ‘when’ not ‘if’ they will suffer a cyber incident. Simon Davis sets out the factors to consider when renewing your cyber cover