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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.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
Have you considered being a barrister in the British Army? Here’s an insight into a career in Army Legal Services
Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
‘Hard work and commitment can open doors. I believe that I am proof of that,’ says Senior Treasury Counsel Louise Oakley. She tells Anthony Inglese CB about her journey from Wolverhampton to the Old Bailey
What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty