133Effect of licences granted to lessee

133 Effect of licences granted to lessee (1) Subject to the express terms of a licence that is granted to a lessee to do an act, the licence extends only to: (a) the permission actually given; (b) the specific breach of a term or covenant referred to; or (c) any other matter specifically authorised to be done by the licence, and the licence does not prevent a proceeding for a subsequent breach unless otherwise specified in the licence. (2) Despite the grant of a licence referred to in subsection (1): (a) all rights under covenants, obligations and powers of re-entry in the lease remain in full force and are available against a subsequent breach of a covenant, obligation, condition or other matter not specifically authorised or waived by the licence in the same manner as if no licence had been granted; and (b) except for and in relation to the particular matter authorised by the licence, the covenant, obligation, condition, other matter or right of entry remains in force as if the licence had not been granted. (3) If there is a power or condition of re-entry on the lessee assigning, subletting or doing any other specified act without a licence, and a licence is granted to: (a) if there is more than one lessee – only one of the lessees to do an act or to deal with the lessee's equitable share or interest; or (b) the lessee or, if there is more than one lessee, only one of the lessees to assign or underlet part only of the leased premises or to do any other act in respect of part only of the leased premises, the licence does not operate to extinguish the right of entry for a breach of a covenant, obligation or condition by the co-lessees in respect of the other shares or interests in the premises or by the lessee or lessees of any other part or parts of the premises in respect of the other shares or interests or other part or parts of the premises, as the case may be.

Law of Property Act 2000 88