Remediable Or Irremediable Breaches Flashcards
If a breach is capable of remedied what are the court more likely to do? If a breach isn’t what will the court do too?
The court is more likely to grant relief where a breach is capable of being remedied, unlikely to be granted relief when it isn’t.
What are breaches of positive covenants?
This is where the tenant hasn’t done something such as repairing and painting covenants. These can be remedied as they can still be done at a future date.
What case is an example of a breach of a positive covenant?
Expert Clothing v Hillgate House- even though the tenant did not make sure the property was in good state. HELD- that this could be remedied.
What are breaches of negative covenants?
This is when the tenant should not do something and ends up doing it. Sometimes these can be capable of being remedied depending on the circumstances.
What happened in Glass v Kencakes is this a positive covenant breach or a negative covenant breach? Was it remedied?
Negative covenant. Tenant was not supposed to sub-let. The tenant sub-let to another tenant who used the property as a brother which was against a covenant to use the property for immoral purposes. HELD- although this was a once and for all breach, it was remedied. The tenant did not know and acted quickly to stop the sub tenant before reputation damage occurred.
How does Scala v Forbes contrast with Glass v Kencakes?
The sublet was not capable of being remedied. Suggesting that subletting is a once and for all irremediable breach. This illustrates that it depends on the circumstances.
What is the distinction between remediable and irremediable breaches?
Where the breach is remediable, then the landlord must wait at least 3 months.
Where the breach is irremediable a 2 week delay between service of notice and commencement of proceedings is enough.
