Remedies Breach of Repair / Other Covenants Flashcards
What are the 4 main REMEDIES for a Breach of a REPAIR Covenant?
(1) Forfeiture
(2) Damages Action
(3) Self Help / ‘Jervis v Harris’ Clause
(4) Specific Performance
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
What must the L serve on the T to use ‘FORFEITURE’ for the breach of a REPAIR Covenant?
S146 Notice
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
(1) What must the L serve on the T to use ‘FORFEITURE’ for the breach of a REPAIR Covenant?
(2) What 3 things must this Notice contain?
(1) S146 Notice
(2)
(a) DETAILS Breach
(b) T to pay COMPENSATION
(c) T to REMEDY breach within a REASONABLE TIME IF POSSIBLE
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
After a L serves a ‘S146 Notice’ on the T.
(1) What does the T have a right to reply with IF 2 CONDITIONS met?
(2) What are the 2 Conditions
(1) T reply ‘ COUNTER-NOTICE’ (within 28 days)
(2)
(a) Lease Term 7y or > &
(b) Term Remaining 3y or >
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
After a L serves a ‘S146 Notice’ on the T, a T whose Lease TERM is (a) and Term REMAINING (b) has the right to serve a ‘(c)’? within (d).
(a) TERM 7y or >
(b) TERM REMAINING - 3y or >
(c) ‘Counter-Notice’
(d) Within 28 days
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
After a L serves a ‘S146 Notice’ on the T, a T whose Lease TERM is 7y or > & Term remaining 3y or > has the right to serve a ‘Counter Notice’.
What is the effect of a T serving a ‘Counter-Notice’?
Forfeiture ONLY continue with COURT PERMISSION
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
After a L serves a ‘S146 Notice on the T’, what can the T do to stop ‘Forfeiture’ taking place and in what time frame?
REMEDY breach in a ‘REASONABLE TIME’
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
Is L likely to have ‘WAIVED’ their right of ‘Forfeiture’ and why?
NO
why? - Breach of REPAIR Covenant = ‘CONTINUING Breach’ (NOT a ‘Once and For All’ breach like RENT covenant)
Re ‘Forfeiture’ & Breach of a REPAIR COVENANT.
T can apply to the COURT for ‘RELIEF’ from Forfeiture. What 2 things will the court consider in whether to grant this Relief?
(1) PRIOR T breaches
(2) LIKELIHOOD of FUTURE T breaches
Re Breach of REPAIR COVENANT.
(1) What is a ‘DAMAGES Action’?
(2) What is the amount of damages LIMITED by?
(1) BREACH OF CONTRACT CLAIM for DAMAGES
(2) Limited to - REDUCTION IN VALUE OF L’s REVERSION (value of freehold)
Re Breach of REPAIR COVENANT.
A ‘DAMAGES Action’ can be perused against the T.
(1) What is the LIMITATION on Amount of Damages that can be claimed?
(2) What is the effect of this?
(1) Limited to - REDUCTION IN VALUE OF L’s REVERSION (value of freehold)
(2) UNLIKELY recover full sum
Re Breach of REPAIR COVENANT.
What is a ‘Self-Help’ / ‘Jervis v Harris’ Clause?
Allows T to…. (3 things)
Allows T to:
(1) ENTER Property
(2) CARRY OUT Repairs
(3) Recover Costs as DEBT ACTION
Re Breach of REPAIR COVENANT.
What is the other name given to a ‘Self-Help’ Clause?
‘Jervis v Harris’ Clause
Re Breach of REPAIR COVENANT.
(1) What is the condition for a Self-Help’ / ‘Jervis v Harris’ Clause to be used?
(2) Why is it a better method than a ‘DAMAGES Claim’
(1) Lease EXPRESSLY contain Clause
(2) Recover FULL AMOUNT (NOT subject restriction on ‘Damages Claim - reduction in L’s Reversion’
