Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law First Year > Property Law First Term - LEASEHOLD COVENANTS > Flashcards

Property Law First Term - LEASEHOLD COVENANTS Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Southwark LBC v Mills on LC 1

A

Lawful possession will not be interfered with, not condition of premises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Where are AGAs covered under LT(C)A?

A

S.16

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What case showed a tenant under a yearly tenancy is not liable for ‘fair wear and tear’?

A

Haskell v Marlow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What statute and what section outlines the procedure for a landlord for forfeiture?

A

S.146(1) LPA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

S.149(1) and (2) LPA

A

Rules for forfeiture and relief for tenant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Warren v Keen on TC2

A

‘Tenant-like mannner’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What LC Report prompted LT(C)A?

A

Report No.174

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

LC for quiet enjoyment always arises

A

Budd-Scott v Daniel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why is it hard to directly enforce covenants against sub-tenants?

A

No privity of contract OR estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who showed that the extent of an obligation not to commit waste depends on the character of the tenancy?

A

Gray and Gray

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is forfeiture controlled by?

A

Commonhold and Leasehold Reform Act 2002

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Term in contract requiring existing guarantor to guarantee TA is void

A

Good Harvest v Centaur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

First penthouse v Channel Hotels

A

Need intent to be annexed to tenancy or reversion for term to bind successor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Distress and commercial rent arrears

A

Ancient feudal remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What statute limits damages to amount landlord’s interest has diminished

A

Landlord and Tenant Act 1927

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Good Harvest v Centaur

A

Obligation requiring existing guarantor to guarantee obligations of TA is void

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Budd-Scott v Daniel

A

LC for quiet enjoyment always arises

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What were the two problems pre-1996?

A

Continuing contractual liability and touch and concern

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If TO wants to enforce obligation against TA4, what procedures and rights come from it?

A

Problem notice in s.17 and allow overriding lease under s.18

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who said a ‘chance was missed… to establish the 1995 Act as a self-contained scheme’, and is another ‘example of piecemeal intervention’?

A

Dixon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What Report of the Law Com recommended that the obligation not to commit waste be replaced by obligation to ‘take reasonable care’?

A

Report No.238

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What shows a reluctance to abandon touch and concern in First Penthouse?

A

Said expressed to be personal or by substance it is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Where does the ‘touch and concern’ requirement come from?

A

Spencer’s Case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are the two privity principles in leasehold covenants?

A

Privity of contract and of estate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Re King

A

Assignor used to lose right to sue for breach prior to assignment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When is forfeiture available after leasehold covenant breach?

A

Supposedly available for all

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What section of LT(C)A solves ‘touch and concern’ issue?

A

S.3, expressed to be personal

26
Q

Need intent to be annexed to tenancy or reversion for term to bind successor

A

First penthouse v Channel Hotels

26
Q

Leasehold Property (Repairs) Act 1938

A

requires a notice to be given for leases of 7 years or more with 3 years left before action for damages

27
Q

What is an action for damages limited by in leasehold covenants?

A

Amount L’s interest has been diminished

28
Q

What section of the LT(C)A ensures anti-avoidance procedures do not work?

A

S.25

29
Q

What are the three contractual remedies for breach of an LC?

A

Damages, injunction and specific performance

30
Q

How can covenants be enforced against a sub-tenant?

A

S.3(5) Landlord and Tenant (Covenants) Act 1995

30
Q

What are the three overriding remedies for breach of a covenant?

A

Contractual, distress for arrears of rent and forfeiture

32
Q

Warren v Keen on TC1

A

‘Little jobs… which a reasonable tenant would do’

32
Q

What statute and what section outlines relief for tenant to forfeiture?

A

S.146(2) LPA

34
Q

London Diocesan v Phithwa

A

Head lease

35
Q

What is an action for damages available for in leasehold covenants?

A

Everything except rent

36
Q

Can breach LC2 by failing to prevent nuisance by other tenants, making the premises materially less fit for purpose

A

Chartered Trust v Davies

37
Q

Why was it decided in London Diocesan that the head leasor was not liable after assignment?

A

Created own exit route; s.25, 6 and 8 not meant to override any decided exit route

38
Q

If lease is another type of periodic (not fixed term or yearly) what is the tenant liable for under ‘no waste’ TC?

A

No wilful/negligent damage but without express contact no express duty to keep in repair, just a ‘tenant-like manner’ (Warren v Keen)

39
Q

Landlord and Tenant Act 1927

A

Limits damages to amount landlord’s interest has diminished

40
Q

What are the restrictions on action for arrears of rent?

A

6 years rent (s.17 limitation act 1980)

41
Q

What statute requires a notic to be given for leases of 7 years or more with 3 years left before action for damages?

A

Leasehold Property (Repairs) Act 1938

42
Q

What happens to the sub-lessee if a tenant, who has created the sub-lease, ends his lease?

A

Nothing

44
Q

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

A notice (Leasehold Property (Repairs) Act 1938)

44
Q

Core term can be expressed to be personal

A

BHP Petroleum v Chesterfield

45
Q

What are the three Landlord covenants?

A

Quiet enjoyment, no derogation from grant and fitness for human habitation

46
Q

If lease is a yearly tenancy, what is the tenant required to do under ‘no waste’?

A

Fix voluntary waste but only permissive if he fails to weatherproof property. Not liable for ‘fair wear and tear’ (Haskell v Marlow)

48
Q

K/S Victoria v House of Fraser

A

Can create chain of indemnity through AGA

49
Q

tenant under a yearly tenancy is not liable for ‘fair wear and tear’

A

Haskell v Marlow

50
Q

What Report of the LC recommended the obligation not to commit waste be replaced by implied covenant to ‘take proper care’?

A

Report no.238

52
Q

Assignor used to lose right to sue for breach prior to assignment

A

Re King

53
Q

What are the two tenant covenants?

A

No waste and ‘tenant-like manner’

54
Q

Birmingham v Ross on LC2

A

Can’t take away means of enjoying that which has been given

55
Q

If it is a fixed term of years, what is the tenant liable for in ‘no waste’?

A

Liable for voluntary and permissive damage, and any repairs not LO’s responsibility

57
Q

Injunction and specific performance for leasehold covenants?

A

Against certain breaches, and SP only exceptionally

58
Q

Can’t take away means of enjoying that which has been given

A

Birmingham v Ross on LC2

59
Q

BHP Petroleum v Chesterfield

A

Core term can be expressed to be personal

60
Q

Southwark LBC v Mills on LC2

A

Little difference between LC1 and LC2

61
Q

Chartered Trust v Davies

A

L can breach LC2 by failing to prevent nuisance of other tenants that makes premises materially less fit for purpose

62
Q

What sections of the LT(C)A allow a tenant and landlord to be released from covenants?

A

S.5 (tenant) and s.6 and s.8 (landlord)

63
Q

Mellor v Watkins

A

Cannot terminate sub-lease by tenant quitting or lease ending

64
Q

Dawson v Dyer

A

Individual obligation of LC1 without precondition

65
Q

Smith v Marrable

A

Furnished premises must be fit for habitations

Law First Year (24 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions