16641 Lecture Notes - Lecture 1: Big Country
Document Summary
In practice, it is the insolvency of the assignee that usually leads the lessor to sue the original lessee in the first place. [11. 70] the potential scenarios for enforcement of lease covenants where there has been an assignment of either reversion or of lease include where: [11. 71] if the tenant"s breaches are continuing breaches of the lease, the assignee is liable for the breaches. (case grabada theatres v freehold investment ltd 1959). If the breaches are complete before the date of assignment, then the original tenant remains liable. The original tenant will remain liable for their breaches during the lease and that of the assignee. [11. 72] the reversioner, not the original landlord, can sue the tenant. [11. 73] the assignee of the reversion is not liable for any breaches by the original landlord which were complete before the assignment. If the breach is continuous, the assignee is liable.
