Land Law Landlord and Tenant Law Essay Research Paper

PLEASE ANSWER ONE QUESTION. EITHER QUESTION A1 OR A2



PLEASE REFER TO RELATED CASES AND AUTHORITY IN THE UK LAW.



QUESTION A1



“According to well-established common law principles, an original tenant was bound

by all the tenant's obligations in the lease for the duration of a tenancy, even after it

had assigned it. Such liability for the duration of the tenancy after…the original tenant

(or an assignee) had assigned it, was perceived in many quarters as being unfair. The

Law Commission [in 1988] recommended that this state of affairs be radically changed

in respect of future tenancies. Parliament accepted this recommendation and enacted

the [Landlord and Tenant (Covenants) Act 1995].”



Lord Neuberger MR in K/S Victoria Street v House of Fraser (Stores Management) Ltd

and others [2011] 2 EGLR 11.



Critically evaluate this statement. Your evaluation should also consider the

effect of the Landlord and Tenant (Covenants) Act 1995 on the extent of the

“liabilities” that assigning tenants or landlords pass to their successors.



QUESTION A2



“[Actual occupation] does, in my judgment, involve some degree of permanence and

continuity which would rule out mere fleeting presence”.

Lord Oliver in Abbey National Building Society v Cann [1990] UKHL 3 (29 March 1990).



Critically evaluate this statement.