Leases- covenants in leases Flashcards
what is the basic rule for covenants in leases?
tenant may do all the things that an owner of an estate can do unless the lease prohibits such actions.
what is a general repairing covenant?
tenant must keep the premises in the condition in which they would be kept by a reasonably minded owner, having regard to. age of the premises, express words of the covenant and the character of the premises.
- also entails an obligation to put the premises in repair first.
can be limited by a schedule of condition.
what are alteration covenants?
leases will usually allow the tenant to make some alterations.
usually subject to doctrine of waste which prevents alterations which would devalue the premises.
formalities to transfer lease in assignment?
deed (not short lease exception) and if the lease is registered the deed of assignment must also be registered.
formalities to sublet?
new underlease being drafted and entered into. lease must be granted by deed which must be registered if over 7 years.
which provisions of the LTCA 1995 apply to all leases?
s 17, tenant default notice.
s 18, liability for variations.
s 19- overriding leases.
what is s17 default notice?
where a landlord wishes to pursue a former tenant who remains liable under the terms of the lease for a fixed charge, the landlord must serve notice of the potential claim on such tenants within six months of the charge becoming due.
what is s18 liability for variations>
former tenants and guarantors are not liable to pay any additional amounts owing in respect of variations which have been made to the lease subsequent to assignment which they could not have anticipated at the time when the lease was entered into.
what is s19 overriding lease?
if a former tenant is called upon by the landlord to pay rent or other fixed charges due form an assignee under s17, that former tenant is entitled to request from the landlord an overriding lease, becoming the immediate landlord of the defaulting party.
landlord is obliged to grant it within a reasonable time.
former tenant is then better able to ensure the assignee’s compliance under the terms of the lease, or terminate the assignee’s lease and re-let the property, or assign the overriding lease to a more reliable tenant.
