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Landlord and Tenant (Covenants) Act 1995

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Joint liability under covenantsE+W

13 Covenants binding two or more persons.E+W

(1)Where in consequence of this Act two or more persons are bound by the same covenant, they are so bound both jointly and severally.

(2)Subject to section 24(2), where by virtue of this Act—

(a)two or more persons are bound jointly and severally by the same covenant, and

(b)any of the persons so bound is released from the covenant,

the release does not extend to any other of those persons.

(3)For the purpose of providing for contribution between persons who, by virtue of this Act, are bound jointly and severally by a covenant, the M1Civil Liability (Contribution) Act 1978 shall have effect as if—

(a)liability to a person under a covenant were liability in respect of damage suffered by that person;

(b)references to damage accordingly included a breach of a covenant of a tenancy; and

(c)section 7(2) of that Act were omitted.

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Marginal Citations

14 Abolition of indemnity covenants implied by statute.E+W

The following provisions (by virtue of which indemnity covenants are implied on the assignment of a tenancy) shall cease to have effect—

(a)subsections (1)(C) and (D) of section 77 of the M2Law of Property Act 1925; and

(b)subsections (1)(b) and (2) of section 24 of the M3Land Registration Act 1925.

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