Other law Flashcards
What are the characteristics of a lease?
Street v Montford
Certainty of Term
Exclusive Posession
What are the 4 unities required for joint possession?
Possession
Interest
Title
Time
What terms should you avoid in repair covenants?
Put in repair
Keep in repair
Put and Keep into repair
When is consent for assignment reasonably withheld?
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
When is consent for assignment unreasonably withheld?
Reason in not to do with l+t relationship
Detriment to tenant is worse than landlord
Refusal increases landlord control
What do you need to do to sublet?
Get a new lease
Get a license to assign
What is prima facie?
No contractual relationship between landlord and subtenant
Therefore, get a “license to sublet”
What is the presumption of reality?
The courts consider a hypothetical lease to be almost identical to original lease,
What term should you avoid in a rent review?
Best annual rent
What are tenants options if landlord is in breach of repair?
- Sue for damages
- Common law right to exercise self-help
- Order for specific purpose
- Appoint a receiver
What are tenants options if landlord is in breach of quiet enjoyment?
- Damages
- Injunction
What are landlord’s options if tenant is in breach of non-payment of rent?
- Sue for debt
- Bankruptcy
- Commercial rent arrears recovery
- Statutory Demand
- Rights against a former tenant
- Forfeiture
What are tenants options if landlord is in breach of non-derogation from grant?
- Damages
- Injunction
What are landlord’s options if tenant is in breach of repair?
- Sue for damages
- Repairs Act
- Self Help clause
What are landlord’s options if tenant is in breach of any other covenant?
- Damages
- Injunction/Specific purpose
- Forfeiture
What is needed for commercial security of tenure to be possible?
- A lease
- Occupation for business
- Body of persons
What are the Section 23 methods of service?
- Personal Servie
- Leaving notice in registered office
- Posting a registered letter to registered office
What are the Section 30 grounds?
(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)
