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Does chancel repair liability apply to leaseholders?

Updated: 8/20/2019
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Q: Does chancel repair liability apply to leaseholders?
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Does Chancel Repair Liability apply to leasehold properties ie a flat?

AnswerNobody knows. The Law Commission could trace no legal precedent.In any case it is possible for the terms of a lease to make the tenant liable to cover such costs incurred by the landlord.However, the Tithe Act 1839 said that where there was a liability (to repair a chancel) attached to a tithe rentcharge which merged in the lands out of which it was payable, it became a charge on the lands. That was one of the ways in which chancel repair liability became attached to the ownership of land rather than the right to receive tithes. "Lands" was defined in the Tithe Act 1836 to include leasehold property but only where the lease was at least 14 years long originally and the rent was not more than two thirds of the net annual value of the property. In other words, chancel repair liability can affect leasehold property but not on short leases or tenancies at a rack rent.


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