header-logo header-logo

Law Reports

06 November 2008
Issue: 7344 / Categories: Features , Landlord&tenant
printer mail-detail

Landlord and tenant—Assignment of lease— Implied covenant

Landlord and tenant—Assignment of lease— Implied covenant

Scottish & Newcastle plc v Raguz, [2008] UKHL 65, [2008] All ER (D) 283 (Oct)

House of Lords, Lord Hoffmann, Lord Hope, Lord Scott, Lord Walker and Lord Brown

The words “the date when the charge becomes due” in s 17(2) of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) means the date when the landlord would be able to sue for the money. Accordingly, additional sums payable under a rent review clause do not ‘become due’ until the increase has been agreed or determined.

Timothy Fancourt QC and Christopher Stoner (instructed by Eversheds LLP) for the claimant. Stephen Jourdan and Marion Lonsdale (instructed by Sharpe Pritchard as London Agents for LHP Law LLP) for the defendant.

The claimant was the original tenant of two underleases. It assigned both to the defendant. By virtue of the Land Registration Act 1925, the assignments contained an implied covenant by the defendant that he and his successors would pay the rent reserved by the underleases,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
back-to-top-scroll