5. Grant of a Lease and Underlease

Question 1

When does LTA 54 apply?

Answer 1

• Must be a tenancy not a mere licence.
• Must be in occupation of at least part.
• Must be there for the purposes of their business.

Question 2

What does Jervis v Harris (self-help) clause mean?

Answer 2

A clause in a lease or tenancy agreement which allows the landlord to serve a notice on a tenant to carry out repairs.

Question 3

Why does a Jervis v Harris (self-help) clause allow the landlord to recover debt not damages?

Answer 3

there is a statutory cap under s18 LTA 1927 which limits damages to the diminution of value to the freehold property.

Question 4

What is the effect of a tenant failing to comply with a Jervis v Harris (self-help) clause?

Answer 4

Where a tenant fails to do so, the landlord may enter, carry out the works itself and recover the costs from the tenant as a debt.

Question 5

For qualified and fully qualified covenants, the landlord must not unreasonably withhold consent. What does reasonableness mean here?

Answer 5

Must relate to the landlord and tenant relationship cannot be random.