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Cards In This Set
| Front | Back |
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Old lease
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On/before 31/12/95
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New lease
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On/after 1/1/96
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Thursby v Plant
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Privity of contract - original parties can sue
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Conditions for passsing burden to assignee of lease - old lease
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1. privity of contract, 2. legal assignment of legal lease, 3. t & c land
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S142 LPA 25
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Burden auto runs to current freeholder if t & c land
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Conditions for passing of burden to sub-tenant
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1. cov benefits land of covenantee 2. parties intend burden to run with land, sub-tenant has notice of cov
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Spencer's case
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Burden passes to assignee of lease if t & c land
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S141 LPA 25
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Benefit runs to current freeholder if t & c land
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Woodall v Clifton
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Option to purchase freehold does't t & c land
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S3 LT(C)A95
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Benefits/burdens pass to sit auto for new lease
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S5 LT(C)A95
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Original tenant auto released for new lease
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S6 LT(C)A95
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Original landlord must apply for release re new lease
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S11LTA 85
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If lease less than 7 years, ob to repair rests with landlord if notified - structure & ext, water, gas, elec, sanitation
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S19(1)(a)LTA 27
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Implies consent on alienability clause will not be unreasonably withheld
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Wilson v Rosenthal
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Alienability clause re whole house, doesn't apply where let of just 1 room
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