SGS 8

Question 1

Why would one carry out title checks on a landlord?

Answer 1

To ensure that 
L has title to grant lease 
mortgagee's consent required? 
restrictive covenants won't affect intended use / bound by any positive ones? 
Schedule of other leases.

Question 2

What would a tenant friendly definition of ‘premises’ include?

Answer 2

ensure it includes on parts of the property the lease is being taken over.

Question 3

What should always be added to a repair clause to make it tenant friendly?

Answer 3

Tenant shall not repair the Premises where the disrepair is caused by an Insured Risk

Question 4

How would a tenant ensure that they need not improve the property?

Answer 4

…Tenant shall not be required to put the Premises in any better state of condition or repair than as evidenced by the SCHEDULE OF CONDITION annexed to this lease.

Question 5

Fixtures and fittings?

Answer 5

only place if belong economic repair
Substantially the same kind and quality
not if disrepair caused by an insured risk.

Question 6

New developments?

Answer 6

include a term excluding liability for obligations arising from an inherent defect.

Question 7

Decoration?

Answer 7

Tenant shall not be required to redecorate in the last SIX MONTHS of the Term if the Tenant has redecorated within the previous 12 MONTHS.

Question 8

What is a Jervis v Harris clause?

Answer 8

one allowing the landlord ro enter the premises, make good damage and recover cost from tenant as a debt (not subject to limitations under s.18 LTA.

Question 9

Tenant friendly Jervis v Harris?

Answer 9

enter on normal business hours
Reasonable and proper costs
payable within 14 days of written demand.

Question 10

Landlord remedy for non-payment of rent structure?

Answer 10

Identify clause breached and consider:
forfeiture 
Security 
CRAR 
court action for DEBT.

Question 11

Forfeiture for non-payment of rent?

Answer 11

lease MUST contain an express forfeiture clause.

no s.146 notice required.

Question 12

CRAR for non-payment of rent?

Answer 12

used to recover rent, VAT and interest outstanding (NOT service charge) provided minimum of 7 days rent is owed.

Need 7 clear days notice to tenant

enforcement agent can take control of goods belonging to tenant.

Question 13

Court action for DEBT for non-payment of rent?

Answer 13

only if rent has fallen due within 6 year period prior to issue of those proceedings (s.19 LA 1980).

Question 14

Forfeiture for breach of repair clause?

Answer 14

Serve s.146 notice.
If lease granted for at least 7 years and has 3 left to run type of notice in accordance with (ss.1(1)-(4) and 7 LP(R)A 1938 must be served)

Question 15

Court action for damages for breach of repair clause?

Answer 15

s.18(1) LTA 1927: cannot exceed amount of any reduction in value of landlord’s freehold interest.
Damages not recoverable where premises are to be carried out after end of lease.
Also subject to LP(R)A 1938

Question 16

Specific performance for breach of repair clause?

Answer 16

Rainbow Estates Ltd Tokenhold - available but discretionary are likely only in exceptional circumstances.

Question 17

Self-help for breach of repair?

Answer 17

Jervis v Harris, not subject to cap under s.18(1) as a debt, not damages.

Question 18

Landlord remedy for breach of repair obligation?

Answer 18

Identify clause breached. 
Consider:
forfeiture
security
court action for damages 
specific performance 
self-help.