1. General
   1. No need to touch and concern land
   2. Refers to landlord covenants and tenant covenants
   3. Benefit and burden pass unless
      1. Covenant expressly personal
      2. Assignor no longer bound at time of assignment
      3. Relates to part of land not included in assignment
2. T assigns lease
   1. Released from all covenants
   2. No longer at risk of being sued
   3. May be required to enter into authorised guarantee agreement
      1. If lease contains absolute or qualified covenant against assignment
      2. And is lawful to require AGA
         1. Test of reasonableness
      3. Only applies to immediate assignee
      4. Gives L right to sue
3. L assigns reversion
   1. Must apply to tenant for release from covenants
   2. Serves notice requesting release
   3. Released if
      1. Tenant agrees
      2. Tenant fails to respond
      3. Courts find refusal unreasonable
4. Subtenants
   1. Covenants which are restrictive as to user
   2. Can be enforced by L directly against subtenant
   3. For others, old rules apply
5. Problem
   1. Particularly for commercial premises
   2. L may not unreasonably refuse consent for assignment
      1. s19 LTA 1927
   3. Or could face claim for damages from tenant
      1. LTA 1988
   4. Now deprived of right to recover from former tenant
      1. LTCA 1995
      2. except for AGA
   5. Led to inclusion of s22
6. s22 LTCA 1995
   1. Introduces 5 new subsections into s19 LTA 1927
   2. Apply to qualifying lease only
      1. New tenancy of property not used wholly or mainly as single private residence
   3. Only apply when it is assigned, not sublet
   4. L can seek agreement with T
      1. May withhold consent in specified circumstances
      2. Or state conditions for consent
      3. eg could agree to impose AGA
      4. Normally agreed at time of original lease
   5. T can then not claim that withholding of consent is unreasonable
7. Protecting former tenant
   1. Old tenancy
      1. Eg non-payment of rent
      2. Former tenant remains liable under privity of contract
      3. Must serve notice within 6 months
      4. Former tenant entitled to claim overriding lease for unexpired term
      5. Makes former tenant landlord of new tenant
      6. Can then forfeit lease and recover property
   2. New tenancy
      1. Former tenant will have been released from covenants
      2. L cannot sue former tenant unless AGA applies
      3. Default notice must be served within 6 months
      4. If AGA applies, tenant will be entitled to overriding lease