Leasehold Covenants

HideShow resource information
  • Created by: Hope
  • Created on: 13-05-16 12:42
What are leasehold covenants?
Obligations of the landlord and tenant throughout the life of the lease
1 of 24
What are the two types of covenant?
Express or implied
2 of 24
Which covenant is expected of every lease?
Quiet enjoyment- the landlord will not interfere with the tenant's peaceful possession of the land
3 of 24
What is the case authority for this?
Budd-Scott v Daniel- a covenant is to be implied that the LL and those claiming under him would not disturb the possession of the tenant
4 of 24
What are some case examples of this?
Kenny v Preen, Southwark LBC v Mills
5 of 24
What remedies to tenants have for breach of this covenant? Examples?
Injunctions to restrain the LL from their actions (Kenny v Preen), damages (Branchett v Beaney), criminal liability where the lease is a residential property
6 of 24
What does a covenant not to derogate from the grant mean?
The landlord cannot stop the tenant from using the premises for the purpose for which it was let
7 of 24
In what situation is this normally an issue?
When the LL owns the premises and has granted the tenant part of that land, normally they are using land in close proximity, and something which the LL wants to keep doing on his part conflicts with the use that the T wants to make of their part
8 of 24
What is the authority for this? Examples?
Browne v Flower. Example in Harmer v Jumbil
9 of 24
What are the 3 main implied covenants for repair?
Furnished premises must be fit for human habitation at start of lease, common areas in good repair, keep dwelling house in repair if lease less than 7 years
10 of 24
What does it mean by "at the start of the tenancy?" Example?
Sarson v Roberts- no obligation to keep it habitable throughout the tenancy, just at beginning
11 of 24
What are case examples of obligation to maintain common areas?
Liverpool CC v Irwin, King v Northamptonshire DC
12 of 24
Which act/provision governs the obligation to keep the house in repair if the lease is less than 7 years?
s11 Landlord and Tenant Act
13 of 24
Which provision discusses whether or not the Landlord can delegate this obligation?
s11 (4), they can't
14 of 24
How have the courts interpreted the landlord's obligations?
Very restrictively
15 of 24
What are the remedies for breach of this obligation? Examples?
damages (Wallace v Manchester CC), specific performance (Rainbow Estates v Tokenhold), withholding rent to recoup the cost (as long as you give notice of intention) (lee parker v Izzet), repudiation (extreme breaches) (Hussein v Mehlman)
16 of 24
What covenants are tenants under?
Not to commit waste, to use the property in a tenant-like manner
17 of 24
What is "waste"?
Physical change to the leased premises either by positive action (voluntary) or inaction (permissive) by tenant
18 of 24
What kind of covenant is it that a tenant is not to commit voluntary waste?
Implied into all leases
19 of 24
When does passive waste liability arise?
In certain type of leases - in fixed term yes (Yellowly v Gower), in period leases, only liable if made via express term (Wedd v Porter)
20 of 24
What does it mean to "use the property in a tenant like manner"? Authority?
Warren v Kean- tenant must take proper care of the place, do all the little jobs a reasonable tenant would do
21 of 24
What common aspects are not implied covenants?
To repair, to pay rent, to not assign-sub let the premises
22 of 24
Can any of these be given in an express term?
Yes, the covenant to not assign or sub-let the premises. Absolute prohibition is unusual, but you do need consent of the landlord
23 of 24
What remedies does the landlord have for breach of these?
Damages, action for arrears of rent, specific performance, forfeiture of the lease
24 of 24

Other cards in this set

Card 2


What are the two types of covenant?


Express or implied

Card 3


Which covenant is expected of every lease?


Preview of the front of card 3

Card 4


What is the case authority for this?


Preview of the front of card 4

Card 5


What are some case examples of this?


Preview of the front of card 5
View more cards


No comments have yet been made

Similar Law resources:

See all Law resources »See all Land Law resources »