Other law

Question 1

What are the characteristics of a lease?

Answer 1

Street v Montford

Certainty of Term
Exclusive Posession

Question 2

What are the 4 unities required for joint possession?

Answer 2

Possession
Interest
Title
Time

Question 3

What terms should you avoid in repair covenants?

Answer 3

Put in repair
Keep in repair
Put and Keep into repair

Question 4

When is consent for assignment reasonably withheld?

Answer 4

Assignee won’t be able to pay rent
Assignee won’t uphold a repair covenant
Assignee does ont fit in with established tenant mix policy

Question 5

When is consent for assignment unreasonably withheld?

Answer 5

Reason in not to do with l+t relationship
Detriment to tenant is worse than landlord
Refusal increases landlord control

Question 6

What do you need to do to sublet?

Answer 6

Get a new lease

Get a license to assign

Question 7

What is prima facie?

Answer 7

No contractual relationship between landlord and subtenant

Therefore, get a “license to sublet”

Question 8

What is the presumption of reality?

Answer 8

The courts consider a hypothetical lease to be almost identical to original lease,

Question 9

What term should you avoid in a rent review?

Answer 9

Best annual rent

Question 10

What are tenants options if landlord is in breach of repair?

Answer 10

• Sue for damages
• Common law right to exercise self-help
• Order for specific purpose
• Appoint a receiver

Question 11

What are tenants options if landlord is in breach of quiet enjoyment?

Answer 11

• Damages

- Injunction

Question 12

What are landlord’s options if tenant is in breach of non-payment of rent?

Answer 12

• Sue for debt
• Bankruptcy
• Commercial rent arrears recovery
• Statutory Demand
• Rights against a former tenant
• Forfeiture

Question 13

What are tenants options if landlord is in breach of non-derogation from grant?

Answer 13

• Damages

- Injunction

Question 14

What are landlord’s options if tenant is in breach of repair?

Answer 14

• Sue for damages
• Repairs Act
• Self Help clause

Question 15

What are landlord’s options if tenant is in breach of any other covenant?

Answer 15

• Damages
• Injunction/Specific purpose
• Forfeiture

Question 16

What is needed for commercial security of tenure to be possible?

Answer 16

• A lease
• Occupation for business
• Body of persons

Question 17

What are the Section 23 methods of service?

Answer 17

• Personal Servie
• Leaving notice in registered office
• Posting a registered letter to registered office

Question 18

What are the Section 30 grounds?

Answer 18

(a) : Breach of repairing covenant
(b) : Persistent delay in paying rent
(c) : Other substantial breaches
(d) : Suitable alternative accommodation
(e) : In the case of a subletting of part, the landlord wants possession of the whole building to rent/ dispose of
(f) : Landlord intends to demolish/reconstruct the property or carry out substantial works of construction
(g) : Landlord intends to occupy the property themselves (5 year rule)