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CELE SQE1 模拟练习

Examination Timing: 00H01M57S

A business lease dated 15 July 1989 was granted to a company (‘the Tenant’). It commenced on 24 June 1989 for a term of 50 years. The Tenant is in the process of assigning the residue of the term of the lease to another company (‘the Assignee’). The lease provides that assignment of the lease can only occur with the landlord’s consent (not to be unreasonably delayed). The Tenant has applied to the current landlord (‘the Landlord’) for consent to assign the lease and the Landlord has indicated its consent in principle subject to the completion of a licence to assign. The Landlord’s solicitor is drafting the licence to assign. She is drafting the covenant to govern future liability under any tenant covenants in the lease. 

Which one of the following possible covenants should the Landlord’s solicitor include in the draft licence to assign?

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The correct covenant to include in the licence to assign is that the Assignee covenants with the Landlord to perform the covenants in the lease during the remainder of the term of the lease. This ensures that the Assignee, as the new tenant, is directly responsible to the Landlord for complying with the lease terms for the duration of the lease, providing the Landlord with assurance that the lease obligations will be fulfilled by the new tenant. 

Key Point: When drafting a licence to assign, it is essential to include a covenant that ensures the assignee will be directly responsible for fulfilling the lease obligations. This protects the landlord's interests by ensuring continuity in the performance of the lease covenants by the new tenant.



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