Implied indemnity covenants on transfers of pre-1996 leases
20(1)On a disposition of a registered leasehold estate by way of transfer, the following covenants are implied in the instrument effecting the disposition, unless the contrary intention is expressed—
(a)in the case of a transfer of the whole of the land comprised in the registered lease, the covenant in sub-paragraph (2), and
(b)in the case of a transfer of part of the land comprised in the lease—
(i)the covenant in sub-paragraph (3), and
(ii)where the transferor continues to hold land under the lease, the covenant in sub-paragraph (4).
(2)The transferee covenants with the transferor that during the residue of the term granted by the registered lease the transferee and the persons deriving title under him will—
(a)pay the rent reserved by the lease,
(b)comply with the covenants and conditions contained in the lease, and
(c)keep the transferor and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).
(3)The transferee covenants with the transferor that during the residue of the term granted by the registered lease the transferee and the persons deriving title under him will—
(a)where the rent reserved by the lease is apportioned, pay the rent apportioned to the part transferred,
(b)comply with the covenants and conditions contained in the lease so far as affecting the part transferred, and
(c)keep the transferor and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).
(4)The transferor covenants with the transferee that during the residue of the term granted by the registered lease the transferor and the persons deriving title under him will—
(a)where the rent reserved by the lease is apportioned, pay the rent apportioned to the part retained,
(b)comply with the covenants and conditions contained in the lease so far as affecting the part retained, and
(c)keep the transferee and the persons deriving title under him indemnified against all actions, expenses and claims on account of any failure to comply with paragraphs (a) and (b).
(5)This paragraph does not apply to a lease which is a new tenancy for the purposes of section 1 of the Landlord and Tenant (Covenants) Act 1995 (c. 30).