Commercial Landlord And Tenant Flashcards
What formalities are required to create a valid commercial lease?
Must be in writing and signed under Deasy’s Act 1860, s.4; longer leases require a deed.
What governs contracts for future leases?
Statute of Frauds 1695 and s.51 of the LCLRA 2009.
What are common express tenant covenants?
Pay rent, repair, not to cause nuisance, use clauses.
What are landlord’s implied covenants under s.41 Deasy’s Act?
Good title and right to peaceable enjoyment.
What is the key case on habitability in furnished lettings?
Smith v Marrable [1843] – fitness for human habitation presumed.
Can tenants deduct costs for repairs from rent?
Yes, under s.87 L&T Act 1980 if landlord fails to repair.
What binds original lease parties?
Privity of contract.
What binds assignees?
Privity of estate + covenant must ‘touch and concern the land.’
What does s.16 Deasy’s Act provide for tenant assignments?
Tenant is released from future liability if landlord consents to the assignment.
What if landlord refuses consent unreasonably?
Breach of s.66 L&T Act 1980; refusal must be for estate management reasons (OHS v Green Property).
What is a “tenement” under s.5?
Land/building used for business, held under a lease or agreement, not a temporary tenancy.
What are the three grounds for claiming renewal under s.13?
Business equity (5 years occupation), Improvement equity (tenant made qualifying improvements), Long user (abolished post-2009).
What disqualifies a tenant from renewal (s.17)?
Breach of covenant, Landlord redevelopment, Good estate management, Obsolete premises.
What is required to claim renewal?
Serve Notice of Intention to Claim Relief (s.20) before expiry or within 3 months.
Who sets the terms of a new tenancy?
By agreement or the Circuit Court.
What is the maximum and default term for a new tenancy?
Max: 35 years; Default: 20 years.
What is “gross rent”?
Market rent ignoring tenant’s improvements.
When is compensation for disturbance available?
If tenant is denied renewal solely due to landlord’s redevelopment plans.
Can the right to renewal be excluded by contract?
No – s.85 L&T Act 1980 makes such exclusions void.
What are valid grounds for termination without notice?
Lease expiry, Defined event occurs, Void lease, Waived notice.
When can a landlord forfeit a lease?
For breach of lease condition or express forfeiture clause.
What must a s.14 Conveyancing Act 1881 notice contain?
Breach details, Remedy opportunity, Compensation demand, Re-entry intent.
Is notice required for non-payment of rent?
Not required, but advisable.
What is relief from forfeiture?
Tenant’s right to ask court to reinstate tenancy, especially for rent arrears.
