Breach of Covenant Repair Flashcards
What are the different remedies for breach of repair covenant?
1) Forfeiture
2) Damages
3) Specific performance
4) Self-help
What must landlord serve for forfeiture for breach of repair covenant?
Section 146 notice
What must s146 notice include for breach of repair covenant?
1) The breach
2) The remedy required
3) Reasonable time to remedy breach
What does the Leasehold Property (Repairs) Act 1938 apply to?
Applies to leases where 7 years or more and at least 3 years remain on the term
What is the effect of the Leasehold Property Repairs Act 1938 on forfeiture?
Tenant can serve a counter-notice within 28 days, which means that the landlord would have to get leave of the court to proceed with forfeiture
What level of damages are given to landlord for breach of repair?
Loss in value to landlord’s reversion, not cost of repairs
What is the effect of Leasehold Property Repairs Act 1938 on damages?
Tenant can serve 28 day counter-notice with same effect
What is specific performance for breach of repair covenant?
Court order requiring tenant to carry out repairs – rarely granted
What is the Jervis v Harris Self-help clause?
A clause which allows landlord to:
1) Enter property
2) Carry out repairs
3) Recover full cost from tenant as debt
Why is self-help clause the best remedy for breach of repair covenant?
1) No need for notice
2) No opportunity for counter-notice
3) Recoverable cost not limited to loss in reversion
