Reggie signed a 100-year lease with the freeholder of a flat, Tina’s in 1990. Reggie assigned the lease to Paula, however Paula has stopped paying rent to Tina.
Advise Reggie as to the legal position regarding their lease, and any exceptions which they may be able to rely on. In particular Reggie wishes to know what their position is if they pay the rent which Paula owes?
Christine is the freeholder of flat, a lease over which Christine granted to Marie in 1994 for 50 years. Christine wishes to sell the freehold, but is concerned that there are a number of restrictive covenants which may influence the sale. Christine has heard the phrase “touch and concern the land”, and seeks your advice with regards the following:
Why it is relevant whether covenants touch and concern the land?
How does one ascertain whether a covenant touches and concerns the land? and
Whether the following “touch and concern the land”:
“no business to be carried out on these premises”
“maintain the roof of the property”
“cut the grass in the front garden”
Mark’s tenant, George, is behind with their rent payments. Mark wishes to end their lease, which has 15 years remaining. Advise Mark on the process of terminating the lease owing to the non-payment of rent.
Would your advice differ if:
The rent is 12 months overdue
The lease has 25 years remaining
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