- Latest available (Revised)
- Original (As enacted)
Landlord and Tenant (Covenants) Act 1995, Section 25 is up to date with all changes known to be in force on or before 23 September 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)Any agreement relating to a tenancy is void to the extent that—
(a)it would apart from this section have effect to exclude, modify or otherwise frustrate the operation of any provision of this Act, or
(b)it provides for—
(i)the termination or surrender of the tenancy, or
(ii)the imposition on the tenant of any penalty, disability or liability,
in the event of the operation of any provision of this Act, or
(c)it provides for any of the matters referred to in paragraph (b)(i) or (ii) and does so (whether expressly or otherwise) in connection with, or in consequence of, the operation of any provision of this Act.
(2)To the extent that an agreement relating to a tenancy constitutes a covenant (whether absolute or qualified) against the assignment, or parting with the possession, of the premises demised by the tenancy or any part of them—
(a)the agreement is not void by virtue of subsection (1) by reason only of the fact that as such the covenant prohibits or restricts any such assignment or parting with possession; but
(b)paragraph (a) above does not otherwise affect the operation of that subsection in relation to the agreement (and in particular does not preclude its application to the agreement to the extent that it purports to regulate the giving of, or the making of any application for, consent to any such assignment or parting with possession).
(3)In accordance with section 16(1) nothing in this section applies to any agreement to the extent that it is an authorised guarantee agreement; but (without prejudice to the generality of subsection (1) above) an agreement is void to the extent that it is one falling within section 16(4)(a) or (b).
(4)This section applies to an agreement relating to a tenancy whether or not the agreement is—
(a)contained in the instrument creating the tenancy; or
(b)made before the creation of the tenancy.
Click 'View More' or select 'More Resources' tab for additional information including: