Covenants Flashcards
What is the Quiet Enjoyment Covenant?
When is it breached?
Gives right to T to be put into possession from start of tenancy & remain quietly in possession for the term without interference
Breached when: theres substantial interference with T’s possession or enjoyment of land. This need not be direct or physical
What is non-derogation from grant?
Explain sensitive claimant principle
A LL cannot lease a place for a particular purpose, to then use adjoining premises that will then render it unfit for that leased purpose
No action will lie if Ts business is abnormally sensitive to interference and was unknown to L at time of grant – Robinson v Kilvert (1889).
Explain difference in alienation clause pre and post Jan 96
Before Jan 96 – T remains liable on assignment
After Jan 96 – T released from covenants - s. 5 L&T (Covenants) Act 1995
For alienation clause, explain difference between absolute, qualified and fully qualified covenants
Absolute – Full prohibition
Qualified – LL consent required, not to be unreasonably withheld implied by s. 19 (1) (a) L&T Act 1927
Fully qualified - LL consent required, not to be unreasonably withheld expressed in clause.
For alteration clause, explain difference between absolute, qualified and fully qualified covenants
Absolute – Full prohibition
Qualified – LL consent required. If improvement, LL cannot unreasonably withhold consent - s. 19 (2) L&T 1927.
Fully qualified - LL consent required, not to be unreasonable withheld.
If rent not expressed in lease, when is it payable?
In arrears
What does rent review clause do?
When is it triggered?
Is time of the essence?
Provides inflation proofing of rent via regular reviews.
Review can be auto, or LL can serve / trigger notice on T. T has a time limit to respond with counter notice.
Time isn’t important in sending trigger notice, unless there’s a contradiction in the lease – United Scientific Holdings v Burnley Borough Council (1977). ¬Certain things can make time of the essence
What is required before a repair covenant can be enforced?
must be a disrepair of a subsidiary part of the whole – Lurcott v Wakely & Wheeler (1911). Replacement of the whole is renewal.
If repair creates material difference from merely remedying & increases letting value = improvement
what is the implied common law repair covenants for LLs?
What properties does it apply too?
Generally, caveat emptor (T should inspect / buyer aware)
2 Exceptions:
- If dwelling still being built at grant – implied it will be built with proper materials, in workmanlike manner & be fit for habitation
- If a furnished dwelling – Implied it will be fit for human habitation when let – Smith v Marrable (1843).
When does s. 8 L&T Act 1985 apply for repair?
Applies only to houses let at low rent after 6 July 1957.
London – not exceed £80. Elsewhere – not exceed £52
Implies into contracts:
a) Need for property to be fit for habitation at start of tenancy
b) An undertaking that LL will keep it so during tenancy
When does s. 11 L&T Act 1985 apply for repairs?
What must LL keep in repair?
Applies to lease of dwelling under 7 years after 24 Oct 1961 (s. 13(1) L&T 85).
LL must keep in repair:
a) Structure & exterior of dwelling
b) Installations for water, gas, electricity & sanitation
c) Installations for heating and water heating
What remedies are available in tort when LL breaches repair covenants?
Negligence – LL (if designer / builder of premises) must take reasonable care to avoid acts / omissions likely to injure T or visitor, or will be liable – Rimmer v Liverpool City Council (1985)
Must be a duty of care, that’s breached, caused damage & not too remote
Nuisance –Protects occupier against disrepairs causing unreasonable interference with enjoyment of land – i.e. disrepair in common part hallway
What does s. 4 Defective Premises Act 1972 cover?
What is required for LL to be liable?
LL under obligation to T for repairs of premises has duty to ensure T or visitor is reasonably safe from injury / damage to property arising from defects (s. 4 (1)).
Must be:
a) A defect (a disrepair is required)
b) LL must know / ought to know of the defect
What does Occupiers Liability Act 1957 do?
imposes duty to take reasonable steps to see T & visitors are reasonably safe from injury
Occupier is T or LL where he retains control of common parts
What are the two implied tenant repair covenants?
Tenant like User – Where no term stating otherwise, Periodic Ts have duty to use premises in a ‘tenant like manner’ & deliver premises in condition they took them, fair wear & tear excepted
Allow LL entry for viewing / executing repairs – can be expressed or implied under RA and HA where theres a covenant to repair
