Landlords Remedies And Lease Termination

Question 1

What is privity of contract ?

Answer 1

Covenants are enforceable between original landlord and tenant for term of lease even if assigned

Question 2

What is privity of estate ?

Answer 2

Exists between two parties if they are landlord and tenant (but not originals)

Question 3

What is the effect of the landlord and tenant act on leases after 1996 ?

Answer 3

Privity of contract is replaced and upon assignments liability is passed and original liability ceases.

Question 4

What are the remedies for breach of covenant to pay rent ?

Answer 4

• action in debt
• forfeiture
• commercial rent arrears recovery
• pursue guarantors or rent deposit
• specific performance

Question 5

What is forfeiture under remedy for covenant to repair ?

Answer 5

landlord must serve a s 146 notice which will need a forfeiture clause in the lease.

+ must notify tenant of their right to serve counter notice within 28 days and then landlord can proceed with forfeiture court order.

Question 6

What is the self help clause/jervis ?

Answer 6

Can reclaim repair as debt action instead of damages by entering and repairing the property themselves

Question 7

What are the ways a lease can be terminated ?

Answer 7

• Effluxion of time
• Surrender
• Merger

Question 8

Landlord and tenant act 1954 what ways can tenancy be terminated ?!!

Answer 8

A) breach repair obligation
B) persistent delay in rent payment
C) substantial breach of obligations
D) suitable alternative
E) underletting part and landlord needs whole
F) intends to demolish or reconstruct
G) intends to occupy for its own business or residence

Question 9

Which factors are discretionary and which are mandatory ?

Answer 9

A, B, C, E are discretionary (court decides)

D, F, G are mandatory so only have to prove it happened

Question 10

What must a protected tenant who wants to renew the lease do ?

Answer 10

If want to renew after contractual expiry date must serve a s 26 request for new tenancy

Question 11

What must a protected tenant do to terminate lease on expiry ?

Answer 11

Serve a s 27 notice on landlord giving 3 months notice

Question 12

What must a landlord do if they want to terminate lease ?

Answer 12

S 25 notice on or after expiry date, no less then 6 months or more then 12 months before date of termination tenancy