‘A Practical Guide to Alienation, Alteration and User Covenants in Commercial Property’ by Richard Clarke
Published: June 2023
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Intended for busy solicitors and surveyors, ‘A Practical Guide to Alienation, Alteration and User Covenants in Commercial Property’ provides an efficient guide to the workings of these important covenants. Each type of covenant is dealt with in its own standalone chapter, highlighting the key legislative provisions and case law as well as discussing the practical issues likely to be encountered in practice. The book also explains the principles which govern the interpretation of leases generally, the test for the implication of terms into a lease, the workings of the Landlord and Tenant (Covenants) Act 1995 and the principles governing forfeiture, all of which are of wider application and will be of use to those practising in commercial property. Each of the chapters is broken down by topic, so the busy reader can quickly extract the key points.
Applications for landlord consent and tenant remedies for an unreasonable refusal of consent are considered in detail. The interrelationship between lease renewal proceedings under the Landlord and Tenant Act 1954 and alteration, alienation and user covenants is explained.
This accessible account of the law of landlord and tenant will also be a valuable resource for those studying this technical area.
ABOUT THE AUTHOR
Richard Clarke is a barrister at Landmark Chambers who specialises in all aspects of property litigation including commercial and residential landlord and tenant, easements, covenants, boundaries and injunctions.
Chapter One – The Interpretation of Leases
Chapter Two – The Implication of Lease Terms at Common Law
Chapter Three – Rules Governing Alienation Covenants
Chapter Four – Rules Governing Alteration Covenants
Chapter Five – Rules Governing User Covenants
Chapter Six – When Is Consent Unlawfully Withheld?
Chapter Seven – Interaction Between the Landlord and Tenant Act 1954 and Alteration, Alienation and User Covenants
Chapter Eight – Remedies for Breach of Covenant
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