Covenants

Question 1

Business efficacy in implied covenants

Answer 1

Hafton Properties v Camp

Question 2

Reasonable precautions to avoid disturbance to the tenant with repairs, as part of Implied Covenant for Quiet Enjoyment

Answer 2

Century Projects v Alacantar

Question 3

Implied Covenant Not to Derogate from Grant

Answer 3

Chartered Trust v Davies (pawnbrokers next door that drove off business)

Question 4

Disposition Covenants: Classification

Answer 4

Absolute Prohibition
A fully qualified prohibition
A qualified prohibition

Question 5

Statute stating the landlord won’t unreasonably hold back consent of assignee

Answer 5

Landlord and Tenant Act 1927

Question 6

2 ways around the statute

Answer 6

“Surrender back” clause. For assignee the tenant must surrender the lease
Absolute prohibition

Question 7

Statute speeding up landlords decision; imposes liability in damages for a breach of statutory duty.

Answer 7

Landlord and Tenant Act 1988

Question 8

Landlords in breach of LTA 1988

Answer 8

Mount Eden Land v Folia

Question 9

Case were tenants failed because of illegal subletting

Answer 9

EON UK v Gilesports

Question 10

Extension to “reasonable time” due to difficult issues etc

Answer 10

NCR v Riverland Portfolio No1

Question 11

No preset list of what is reasonable and what is not

Answer 11

Ashworth Frazer v Gloucester City Council

Question 12

Refuse consent to protect themselves from undesirable tenants

Answer 12

International Drilling Fluids v Louisville Investments

Question 13

Refusing consent due assignee being a “direct and proximate competitor” to the landlord

Answer 13

Whiteminster Estates v Hodges Menswear