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Section 9: Apportionment of liability under covenants binding both assignor and assignee of tenancy or reversion.

Landlord and Tenant (Covenants) Act 1995 · 1995 c. 30View on legislation.gov.uk

This section applies where—

a tenant assigns part only of the premises demised to him by a tenancy;
after the assignment both the tenant and his assignee are to be bound by a non-attributable tenant covenant of the tenancy; and
the tenant and his assignee agree that as from the assignment liability under the covenant is to be apportioned between them in such manner as is specified in the agreement.

This section also applies where—

a landlord assigns the reversion in part only of the premises of which he is the landlord under a tenancy;
after the assignment both the landlord and his assignee are to be bound by a non-attributable landlord covenant of the tenancy; and
the landlord and his assignee agree that as from the assignment liability under the covenant is to be apportioned between them in such manner as is specified in the agreement.

Any such agreement as is mentioned in subsection (1) or (2) may apportion liability in such a way that a party to the agreement is exonerated from all liability under a covenant.

In any case falling within subsection (1) or (2) the parties to the agreement may apply for the apportionment to become binding on the appropriate person in accordance with section 10.

In any such case the parties to the agreement may also apply for the apportionment to become binding on any person (other than the appropriate person) who is for the time being entitled to enforce the covenant in question; and section 10 shall apply in relation to such an application as it applies in relation to an application made with respect to the appropriate person.

For the purposes of this section a covenant is, in relation to an assignment, a "non-attributable" covenant if it does not fall to be complied with in relation to any premises comprised in the assignment.

In this section "the appropriate person" means either— depending on whether the agreement in question falls within subsection (1) or subsection (2).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.