Remedies for breach

Question 1

What remedies are available for breach of repair clause? (4)

Answer 1

1. damages
2. forfeiture
3. Jervis v Harris
4. specific performance

Question 2

What must landlord serve to claim damages for repair breach + forfeiture?

Answer 2

s146 notice

Question 3

What is the disadvantage of claiming damages for repair breach? (3)

Answer 3

1. limited to reduction in the value of landlord’s reversion
2. tenant can serve counter notice and courts will most likely uphold this
3. costly process

Question 4

What is the advantage of a JvH clause? (2)

Answer 4

1. time/cost effective as there is no need to involve courts
2. recover full cost of repairs

Question 5

What is the disadvantage of a JvH clause? (2)

Answer 5

1. must be provided for in lease
2. must take care not to exceed powers

Question 6

What is the disadvantage of specific performance? (3)

Answer 6

1. rarely granted - last resort
2. discretionary
3. cannot be used for continuing obligations

Question 7

What remedies are available for breach of rent? (3)

Answer 7

1. debt action
2. CRAR
3. forfeiture

Question 8

When may CRAR be used? (3)

Answer 8

1. purely commercial premises
2. minimum 7 days principal rent owed
3. lease had not been forfeited

Question 9

What is the advantage of CRAR?. What are the disadvantages? (2)

Answer 9

1. time/cost effective as there is no need to involve court
2. limited to principal rent only
3. correct procedure must be followed

Question 10

What is the advantage of debt action to recover rent? (2) What is a disadvantage?

Answer 10

1. can recover any sum owed under lease
2. simple process - easy to recognise a debt
3. court action - cost/time

Question 11

What is the advantage of forfeiture for non payment of rent? (3) What are the disadvantages? (2)

Answer 11

1. cost/time effective as there is no need to involve court or serve notice
2. threat may be enough
3. may extend to other sums treated as rent
4. tenant may not comply
5. empty premises

Question 12

When may an injunction be appropriate remedy? Give an example of breach

Answer 12

may stop tenant from a proposed breach e.g underletting

Question 13

What remedies may be used for security arrangements? (3)

Answer 13

1. guarantor
2. former tenant
3. rent deposit deed

Question 14

What is an advantage of rent deposit deed to enforce security? (2) What is a disadvantage? (2)

Answer 14

1. quick process as you can recover immediately and no court involvement
2. can help override tenant cash flow problems
3. limited to certain number of months’ rent
4. relies on tenant topping up rent deposit once used