Termination of leases

Article Abstract:

UK landlord and tenant legislation covering subleases is complex. Derivative interests usually terminate if a headlease ends but this rule has exceptions. Tenants should not be able to force landlords to take on subtenants in a direct relationship when the landlord has not selected the subtenant, according to UK law. Landlords have to consent to a lease being surrendered and this allows a sublease to survive. Landlords have to insist on disclosure when they discuss the end of a lease.

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Voluntary arrangments - ll

Article Abstract:

Voluntary arrangements can affect landlord's rights to recover rents from tenants. This is illustrated by the case of Mytre Investments Ltd v Reynolds where the landlords sought to recover rent from an original tenant and the landlords were also bound by an agreement with an existing tenant. The original tenant was not released from his obligation by the agreement. Creditors meetings should advise former tenants if they are liable to pay arrears of existing tenants.

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Lease renewals after the 1995 Act

Article Abstract:

The UK 1995 Landlord and Tenant (Covenant) Act includes provisions amending the Act of 1954 relating to lease renewals. It is too early to assess the impact of these changes but the terms of new tenancies are likely to be affected. Loss of privity for landlords may result in higher rent levels of stricter lease assignment provisions. Surveyors are divided as to whether rents will rise or whether stricter provisions will lead to little change.

Legal services

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