Leasehold Covenants

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  • Created by: Edward
  • Created on: 29-02-16 12:34
City of London v Fell (1994)
Rule = liability for breach of covt continues for duration of the lease
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Re King (1963)
Privity of contract only applies to who can be sued (i.e. liability), it does not enable the original party to sue once that party has parted with the lease or reversion
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City and Met Props v Greycroft (1987)
Re pre-assignment, the former tenant can still sue for loss that occurred while he was a tenant even though the lease since been assigned
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Dewar v Goodman (1909)
The headlease can be forfeited for the breach of covt with consequence that the sub-tenancy falls along with it
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Spencer’s Case (1583)
Touching and concerning rule
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City of London v Fell (1994)
‘privity of estate’ entails that the covts become imprinted on the estate and are always enforceable by and against the current landlord and the current tenant
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Moule v Garrett (1872)
At common law - Rule of common honesty: if, e.g. a tenant us under legal compulsion to pay an assignee’s debt, the tenant can recover the money directly from the assignee in default
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Chesterfield Props (2001)
The LT(C)A 1995 did not release the landlord form personal covts
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London Diocesan Fund (2005)
HL: LT(C)A 1995 = designed to provide an exit route for the landlord and tenant from ongoing liability – it did not prohibit an agreement that the parties’ liability was to be curtailed at the outset or subsequently
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K/S Victoria Street (2011)
Contractual provn whereby assignor was to remain liable afer assignment- provn void by virtue of s 25 – does not matter if the term was included at the landlord’s request
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Friends’ Provident (1996)
An original tenant could be bound by later variations only if the variation had been envisaged in the terms of the original lease
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Other cards in this set

Card 2

Front

Privity of contract only applies to who can be sued (i.e. liability), it does not enable the original party to sue once that party has parted with the lease or reversion

Back

Re King (1963)

Card 3

Front

Re pre-assignment, the former tenant can still sue for loss that occurred while he was a tenant even though the lease since been assigned

Back

Preview of the back of card 3

Card 4

Front

The headlease can be forfeited for the breach of covt with consequence that the sub-tenancy falls along with it

Back

Preview of the back of card 4

Card 5

Front

Touching and concerning rule

Back

Preview of the back of card 5
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