Property Law First Term - LEASEHOLD COVENANTS Flashcards
Southwark LBC v Mills on LC 1
Lawful possession will not be interfered with, not condition of premises
Where are AGAs covered under LT(C)A?
S.16
What case showed a tenant under a yearly tenancy is not liable for ‘fair wear and tear’?
Haskell v Marlow
What statute and what section outlines the procedure for a landlord for forfeiture?
S.146(1) LPA
S.149(1) and (2) LPA
Rules for forfeiture and relief for tenant
Warren v Keen on TC2
‘Tenant-like mannner’
What LC Report prompted LT(C)A?
Report No.174
LC for quiet enjoyment always arises
Budd-Scott v Daniel
Why is it hard to directly enforce covenants against sub-tenants?
No privity of contract OR estate
Who showed that the extent of an obligation not to commit waste depends on the character of the tenancy?
Gray and Gray
What is forfeiture controlled by?
Commonhold and Leasehold Reform Act 2002
Term in contract requiring existing guarantor to guarantee TA is void
Good Harvest v Centaur
First penthouse v Channel Hotels
Need intent to be annexed to tenancy or reversion for term to bind successor
Distress and commercial rent arrears
Ancient feudal remedy
What statute limits damages to amount landlord’s interest has diminished
Landlord and Tenant Act 1927
Good Harvest v Centaur
Obligation requiring existing guarantor to guarantee obligations of TA is void
Budd-Scott v Daniel
LC for quiet enjoyment always arises
What were the two problems pre-1996?
Continuing contractual liability and touch and concern
If TO wants to enforce obligation against TA4, what procedures and rights come from it?
Problem notice in s.17 and allow overriding lease under s.18
Who said a ‘chance was missed… to establish the 1995 Act as a self-contained scheme’, and is another ‘example of piecemeal intervention’?
Dixon
What Report of the Law Com recommended that the obligation not to commit waste be replaced by obligation to ‘take reasonable care’?
Report No.238
What shows a reluctance to abandon touch and concern in First Penthouse?
Said expressed to be personal or by substance it is
Where does the ‘touch and concern’ requirement come from?
Spencer’s Case
What are the two privity principles in leasehold covenants?
Privity of contract and of estate
Re King
Assignor used to lose right to sue for breach prior to assignment
When is forfeiture available after leasehold covenant breach?
Supposedly available for all
What section of LT(C)A solves ‘touch and concern’ issue?
S.3, expressed to be personal
Need intent to be annexed to tenancy or reversion for term to bind successor
First penthouse v Channel Hotels
Leasehold Property (Repairs) Act 1938
requires a notice to be given for leases of 7 years or more with 3 years left before action for damages
What is an action for damages limited by in leasehold covenants?
Amount L’s interest has been diminished
What section of the LT(C)A ensures anti-avoidance procedures do not work?
S.25
What are the three contractual remedies for breach of an LC?
Damages, injunction and specific performance
How can covenants be enforced against a sub-tenant?
S.3(5) Landlord and Tenant (Covenants) Act 1995
What are the three overriding remedies for breach of a covenant?
Contractual, distress for arrears of rent and forfeiture
Warren v Keen on TC1
‘Little jobs… which a reasonable tenant would do’
What statute and what section outlines relief for tenant to forfeiture?
S.146(2) LPA
London Diocesan v Phithwa
Head lease
What is an action for damages available for in leasehold covenants?
Everything except rent
Can breach LC2 by failing to prevent nuisance by other tenants, making the premises materially less fit for purpose
Chartered Trust v Davies
Why was it decided in London Diocesan that the head leasor was not liable after assignment?
Created own exit route; s.25, 6 and 8 not meant to override any decided exit route
If lease is another type of periodic (not fixed term or yearly) what is the tenant liable for under ‘no waste’ TC?
No wilful/negligent damage but without express contact no express duty to keep in repair, just a ‘tenant-like manner’ (Warren v Keen)
Landlord and Tenant Act 1927
Limits damages to amount landlord’s interest has diminished
What are the restrictions on action for arrears of rent?
6 years rent (s.17 limitation act 1980)
What statute requires a notic to be given for leases of 7 years or more with 3 years left before action for damages?
Leasehold Property (Repairs) Act 1938
What happens to the sub-lessee if a tenant, who has created the sub-lease, ends his lease?
Nothing
What is required for an action for damages in leasehold covenants if the lease if for more than 7 years with at last 3 left?
A notice (Leasehold Property (Repairs) Act 1938)
Core term can be expressed to be personal
BHP Petroleum v Chesterfield
What are the three Landlord covenants?
Quiet enjoyment, no derogation from grant and fitness for human habitation
If lease is a yearly tenancy, what is the tenant required to do under ‘no waste’?
Fix voluntary waste but only permissive if he fails to weatherproof property. Not liable for ‘fair wear and tear’ (Haskell v Marlow)
K/S Victoria v House of Fraser
Can create chain of indemnity through AGA
tenant under a yearly tenancy is not liable for ‘fair wear and tear’
Haskell v Marlow
What Report of the LC recommended the obligation not to commit waste be replaced by implied covenant to ‘take proper care’?
Report no.238
Assignor used to lose right to sue for breach prior to assignment
Re King
What are the two tenant covenants?
No waste and ‘tenant-like manner’
Birmingham v Ross on LC2
Can’t take away means of enjoying that which has been given
If it is a fixed term of years, what is the tenant liable for in ‘no waste’?
Liable for voluntary and permissive damage, and any repairs not LO’s responsibility
Injunction and specific performance for leasehold covenants?
Against certain breaches, and SP only exceptionally
Can’t take away means of enjoying that which has been given
Birmingham v Ross on LC2
BHP Petroleum v Chesterfield
Core term can be expressed to be personal
Southwark LBC v Mills on LC2
Little difference between LC1 and LC2
Chartered Trust v Davies
L can breach LC2 by failing to prevent nuisance of other tenants that makes premises materially less fit for purpose
What sections of the LT(C)A allow a tenant and landlord to be released from covenants?
S.5 (tenant) and s.6 and s.8 (landlord)
Mellor v Watkins
Cannot terminate sub-lease by tenant quitting or lease ending
Dawson v Dyer
Individual obligation of LC1 without precondition
Smith v Marrable
Furnished premises must be fit for habitations
