Property Law Uk

p Law of Property ActName of Student__________________________Course , Semester No_________________________Instructor_________________________Date IntroductionChristine J . Davis , Lecturer in Law , University of Nottingham noned that we have long been embracing in the popular opinion that a person who takes the acquire of an arrangement ordain be bound by every associated burden contained in it despite the fact that he was not a ships company to the original arrangement . An example on the application of this belief according to Davis is the Halsall v . Brizell and some other cuttings which followed it The idea introduced in Halsall v . Brizell and later developed by Megarry V .-C . in Tito v . Waddell (No . 2 ) is that a person may , in appropriate circumstances , be bound by an liability which is imposed by the same transaction that grants a benefit of which he wishes to take advantage scarcely is not a condition of that benefit Megarry V .-C . referred to this as an application of a pure principle of benefit and burden to contrast the internet site with the application of a principle of benefit and burden in the case of a conditional or qualified rightBackground of the case (i ) Leslie plc , by deed , granted a ten-year get hold of of trusted exposit to Target Ltd from initiatory November 2000 . The lease included covenants by Target Ltd : not to assign or sub-let the whole or any part of the expound without the landlord s acquiesce to keep the exposit in repair and to pay the quarterly rent . on that point was a proviso for re-entry in the event of breach of any covenant . In 2002 , Target , with Leslie s consent assigned the lease to thaumaturgist Co . Ltd . In 2004 , Leslie sold and conveyed the freehold reversion of the expound to Rake plc . Rake has discovered that Ace has , without seeking consent given a monthly sub-tenancy of part of the exposit to Simon and that the premises are out of repair .

Rake informed Ace of its concern over these matters in a letter nonessential the demand for the quarter s rent due on 1st November 2006 and stated that it , Rake , was considering its position . Ace sent a cheque in response to the demand , which Rake has not yet cashedThe Landlord and Tenant Act 1988The Landlord and Tenant Act 1988 (c . 26 ) [29th July 1988] is an Act to make new provision for imposing statutory duties in connection with covenants in tenancies against assigning , under permit , charging or parting with the possession of premises without consent . provision on said law are as follows (a ) a tenancy includes a covenant on the part of the inhabit not to enter into one or more of the future(a) transactions , that is (i ) assigning (ii ) underletting (iii ) uharging , or (iv ) Parting with the possession of , the premises comprised in the tenancy or any part of the premises without the consent of the landlord or some other person , but (b ) the covenant is subject to the qualification that the consent is not to...If you extremity to get a full essay, order it on our website: Orderessay

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