Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arrears definition

What does Arrears mean? Arrears are sums that have fallen due for payment but remain unpaid after the due date. In legal practice this descriptive term is used across contexts (contractual, statutory and court-ordered), for example rent arrears, service charge arrears, mortgage arrears, council tax or maintenance arrears. Particular regimes may define arrears for their own purposes, but there is no single universal statutory definition. In leases, arrears are amounts reserved by the lease (such as rent, service charge and insurance rent) that the tenant has not paid when due. Leases commonly provide that, once arrears persist for a specified period, the landlord...

Assignment of Leases: Benefit and Burden of Covenants, Reversion and Term, and Releases under LPA 1925 and LT(C)A 1995 (England and Wales)

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Practice notes

The Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) stipulates that, save for specified exceptions, any lease completed on or after 1 January 1996 is treated as a ‘new tenancy’ for the purposes of the LT(C)A 1995, with earlier grants classified as ‘old tenancies’. This Practice Note sets out, for both ‘old’ and ‘new’ tenancies, whether the benefit of tenant covenants and the burden of landlord covenants pass with the reversion, whether the benefit of landlord covenants and the burden of tenant covenants attach to the term, and the scope of any release from liability on assignment.

Old tenancy New tenancy Transfer of reversion Benefit of tenant covenants—does it run with the reversion?

By virtue of section 141 of the Law of Property Act 1925, the obligation to pay rent and the benefit of other lease covenants and provisions referring to the subject matter of the lease travel with the reversion. Consequently, an incoming landlord may enforce the benefit of all tenant covenants. The entitlement to pursue Arrears accrued before assignment passes automatically to the new landlord. However, as this right is a Chose in action, it can be expressly reassigned back to the outgoing landlord...

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Web page updated on 21/05/2026

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