Landlord and Tenant (Covenants) Act 1995

9 Apportionment of liability under covenants binding both assignor and assignee of tenancy or reversion. E+W

(1) This section applies where—

(a) a tenant assigns part only of the premises demised to him by a tenancy;

(b) after the assignment both the tenant and his assignee are to be bound by a non-attributable tenant covenant of the tenancy; and

(c) 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.

(2) This section also applies where—

(a) a landlord assigns the reversion in part only of the premises of which he is the landlord under a tenancy;

(b) after the assignment both the landlord and his assignee are to be bound by a non-attributable landlord covenant of the tenancy; and

(c) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) In this section “the appropriate person” means either—

(a) the landlord of the entire premises referred to in subsection (1)(a) (or, if different parts of those premises are held under the tenancy by different landlords, each of those landlords), or

(b) the tenant of the entire premises referred to in subsection (2)(a) (or, if different parts of those premises are held under the tenancy by different tenants, each of those tenants),

depending on whether the agreement in question falls within subsection (1) or subsection (2).