Land Law: Leasehold Covenants

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What statutes are relevant to leasehold covenants?
The Landlord and Tenant Act 1985 and 1998, Homes (fitness for human habitation) Act 2018
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What types of covenants are there?
1. Express 2. Implied 3. Statutorily implied
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What is the definition of a covenant?
A promise contained within a lease
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What types of IMPLIED covenants are there?
1. Legally implied Landlord Covenants. 2. Tenant's Implied Covenants
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What are the covenants implied under the landlord covenants?
1. Covenant for quiet enjoyment. 2. Landlord's covenant not to derogate from Grant. 3. Fitness for human Habitation.
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What is a Covenant for Quiet Enjoyment?
Every landlord promises his tenant that he may remain in the land free from disturbance or physical interuption
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What is a case example of a Covenant for Quiet Enjoyment?
Lavender v Betts: a landlord removed the doors and windows off the house in order to try to force the tenant out. This amounted to a breach of a 'quiet enjoyment'
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What is a Landlord's Covenant not to Derogate from Grant?
The landlord must not frustrate the tenant's use of land, for the purpose it was given to him
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What is a case example of a Landlord's Covenant not to Derogate from Grant?
Aldin v Latimer: landlord gave a tenant a lease of drying sheds, then let neighbouring property which blocked the flow of air to the tenant in the drying sheds. This was held to be a breach.
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What is a Covenant of Fitness for Human Habitation?
This is implied sometimes (caveat emptor) it means that the property should be fit for human habitation upon sale/lease.
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What is a case example of a Covenant Fitness for Human Habitation?
Smith v Marrable: was stated that upon the first day if the premises is to fit for human habitation the tenant can repudiate the tenancy and claim damages. (Cockroach infestation)
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What are the Tenant's Implied Covenants?
1. Covenant to pay the rent/reasonable rent. 2. To pay the rates, taxes in relation to the property. 3. Not to commit acts of waste (alteration/damages to the premises) & liable for people that T invites in. 4. Tenant like user (cleaning, maintain)
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What are the 4 types of waste under the Covenant not to Commit Acts of Waste?
1. Voluntary aste (damage to the building, e.g. demolishing buildings. 2. Ameliorating waste (alterations to improve land without consent). 3. Permissive waste (failing to maintain premises, drain flooding) 4. Equitable waste (ripping out windows)
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What is a case example of a 'tenant-like-user'?
Warren v Keen: a tenant is under a duty to use the property to let to him in a tenant like manner, e.g. cleaning windows, unstopping a blocked sink. Jobs that a 'reasonable' tenant would do.
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What is a Statute Implied Covenant relating to exterior of a building?
S11(A): to keep in repair the structure and exterior of the residential house, including things such as drains, gutters and external pipes.
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What is a Statute Implied Covenant relating to installations?
S11(B): to keep in repair and proper working order the installations in the residential house for the: supply of water, gas, electricity and for sanitation (sinks, drains, baths)
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What is a Statute Implied Covenant relating to heating?
S11(C): to keep in repair and proper working order the installations of the residential house for heating and hot water.
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What is S17?
S17 allows for a remedy for SPECIFIC PERFORMANCE, e.g. from a landlord to carry out repairs.
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What is a case example regarding when a landlord will be liable?
O'Brian v Robinson: a landlord is only liable UPON notice of the issue, must be told in writing or verbally. The landlord needs to be given 'reasonable' time and chance to act.
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What is needed for a breach?
It needs to be shown that there is a deterioration from a former better condition.
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What are the tenant's remedies?
1. Damages. 2. S11 specific performance. 3. 'Set-off'
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What is the remedy of a 'set-off'?
Where a tenant gives a landlord reasonable time to make amends to a problem and refuses, the tenant can fix it himself and deduct the money from future rent or past arrears.
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What are the Covenants against sub-letting and assignment?
1. An assignment of the lease. 2. Sub-letting of the lease. 3. Qualified Covenants against assignment.
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What is the 'assignment of the lease'?
This is where an assignment of the lease takes place where a tenant assigns the residue (left overs) of the lease to a new tenant. The new tenant takes up an assignment of the lease and takes over the rights/liabilities etc.
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What is 'sub-letting of the lease'?
This is where the tenant lets all or part of his property to another person for a period less than the residue of the lease. The sub-tenant will therefore pay rent to the tenant number 1, and the tenant number 1 will pay rent to his normal landlord.
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What are 'qualified covenants against assignment'?
A tenant's express covenant against assignment or sub-letting. A landlord cannot unreasonably withhold consent.
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What part of the Landlord and Tenant Act 1998 is relevant to assignment and sub-letting?
S1(3) places a duty on the landlord to consent to the proposed assignment within a reasonable time, except from where it is reasonable NOT to do so.
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Card 2

Front

What types of covenants are there?

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1. Express 2. Implied 3. Statutorily implied

Card 3

Front

What is the definition of a covenant?

Back

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Card 4

Front

What types of IMPLIED covenants are there?

Back

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Card 5

Front

What are the covenants implied under the landlord covenants?

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