Section 19 of the Landlord and Tenant (Covenants) Act 1995 introduced the concept of the overriding lease. This allows a former tenant or guarantor who had paid the full amount that they were due to pay under s 17 of the Act, to be entitled to an overriding lease. The overriding lease inserts an interest between the landlord and the tenant.
Precedents for an overriding lease can be found in:
- Precedents for the Conveyancer (looseleaf, 1970-) and Abbey and Richards, Commercial Conveyancing and Property , 4th ed. (2009) contain precedents for an overriding lease granted in pursuance of s 19, Landlord and Tenant (Covenants) Act 1995.
- Aldridge, Practical Lease Precedents (looseleaf, 1987-) contains precedents for an overriding lease where the relevant tenancy is, and is not, a new tenancy.
- Commentary can be found in the Encyclopaedia of Forms and Precedents, vol 22(1), Landlord & Tenant (Business Tenancies) (2009 reissue), paras 82 to 85.
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