Section 20: Overriding leases: supplementary provisions., Landlord and Tenant (Covenants) Act 1995

For the purposes of section 1 an overriding lease shall be a new tenancy only if the relevant tenancy is a new tenancy.

Every overriding lease shall state—

that it is a lease granted under section 19, and

whether it is or is not a new tenancy for the purposes of section 1;

and any such statement shall comply with such requirements as may be prescribed by land registration rules under the Land Registration Act 2002 .

A claim that the landlord has failed to comply with subsection (6)(a) of section 19 may be made the subject of civil proceedings in like manner as any other claim in tort for breach of statutory duty; and if the claimant under that section fails to comply with subsection (6)(b)(i) of that section he shall not be entitled to exercise any of the rights otherwise exercisable by him under the overriding lease.

An overriding lease—

shall be deemed to be authorised as against the persons interested in any mortgage of the landlord's interest (however created or arising); and

shall be binding on any such persons;

and if any such person is by virtue of such a mortgage entitled to possession of the documents of title relating to the landlord's interest—

It is hereby declared—

that the fact that an overriding lease takes effect subject to the relevant tenancy shall not constitute a breach of any covenant of the lease against subletting or parting with possession of the premises demised by the lease or any part of them; and

that each of sections 16, 17 and 18 applies where the tenancy referred to in subsection (1) of that section is an overriding lease as it applies in other cases falling within that subsection.

No tenancy shall be registrable under the Land Charges Act 1972 or be taken to be an estate contract within the meaning of that Act by reason of any right or obligation that may arise under section 19, and any right arising from a request made under that section shall not be " capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration Act 2002 ; but any such request shall be registrable under the Land Charges Act 1972, or may be the subject of a notice under the Land Registration Act 2002 , as if it were an estate contract.

In this section—

"mortgage" includes "charge"; and

any expression which is also used in section 19 has the same meaning as in that section.

Section 20: Overriding leases: supplementary provisions.

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