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Law > Statutes and Cases > Flashcards

Statutes and Cases Flashcards

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1
Q

Proudfoot v Hart

A

An appropriate standard of repair is one that considers the age, character and location and is suitable for the class of the tenant that can reasonably be expected to occupy

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2
Q

Street v Montford

A

A licence is not a licence just because it says licence

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3
Q

Aslan v Murphy

A

A landlord having a key for the purpose of repairs/cleaning does not undermine exclusive possession if they never intend to use it

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4
Q

AG Securities v Vaughn

A

Need 4 unities to have a lease in a joint tenancy:

Posession
Interest
Title
Time

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5
Q

Antionades v Villiers

A

Exclusive possession is not undermined if there is no logical way of doing so e.g. studio flat

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6
Q

Section 3 LTA 1927

A

Allows tenants to carry out improvements even if expressly denied in lease:

must apply in court, must be reasonable and suitable, must be an improvement (lambert v woolworth), must not damage value of another of the landlord’s property

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7
Q

Thursby v Plant

A

A tenant under an old lease is liable on its covenants for the whole lease term

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8
Q

Section 79 LPA 1925

A

Original Tenant of old lease is liable for the whole lease term

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9
Q

Section 141 and 142 LPA 1925

A

Incoming landlord of new lease can sue/be sued on covenants that have reference to the subject matter of the lease

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10
Q

Section 3 and 5 LT (Covenants) Act 1995

A

Incoming Tenants on a new lease are automatically bound on leasehold covenants

Outgoing Tenants on a new lease are automatically released on leasehold covenants

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11
Q

Section 19(1)(a) LTA 1927

A

Qualified alienation covenants are automatically upgraded

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12
Q

Section 19(1)(a) LTA 1927

A

Qualified alienation covenants are automatically upgraded

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13
Q

Iqbal v Thakar

A

Its reasonable to withhold approval for improvements that require structural changes

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14
Q

Hui Chiao v Chiapua

A

A covenant “touches and concerns” the land if it affects the landlord in their capacity as landlord and the tenant in their capacity as tenant

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15
Q

Section 19(2) LTA 1927

A

Qualified alteration covenants are automatically upgraded

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16
Q

Moss Bros Group plc v CSC Properties

A

Its reasonable to withhold approval for assignment if the incoming tenant will break an established tenant mix policy

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17
Q

Ashworth Frazer v Gloucester City Council

A

Its reasonable to withhold approval for assignment if the new tenant would break a user covenant

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18
Q

International Drilling

A

It is unreasonable to withhold approval when:

  • its not to do with L+T relationship
  • increases landlord’s power
  • detriment to tenant is worse than benefit to landlord
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19
Q

Section 1 LTA 1988

A

Landlord has a duty to respond to an assignment request in a reasonable time

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20
Q

Dong Bang Minerva

A

Reasonable time to respond to assignment request is 28 days

21
Q

Section 19 (1A) LTA 1927

A

For new leases:

It should be defined upfront what will be automatically reasonable grounds to refuse assignment

22
Q

Section 16 LT(C) Acts 1995

A

Landlord has the right to request an AGA

23
Q

Section 19(3) LTA 1927

A

Landlord cannot charge for accepting a change of use request
(except where it involves structural adjustment)
Can claim compensation

24
Q

Section 18 LTA 1927

A

Statutory Cap on damages

- limited to the diminution in the value of the reversion

25
Q

Section 146 notice

A 
Served to any break in tenant covenant (other than NPR)
Must define:
Nature of the breach
Time tenant has to fix it
If landlord is claiming any compensation
26
Q

Special 146 notice

A

Repairs, where lease is over 7yrs with 3 yrs left to run

Allows tenant to serve a counter notice

27
Q

Jervis v Harris

A

Self Help Clause

28
Q

Payne v Haine

A

Tenant might have to repair in a better condition than they found it

29
Q

Proudfoot v Hart

A

The appropriate standard of repair is to the age, character and locality would make them reasonably fit for the class of tenant that would take them

30
Q

Section 17 notice

A

Served when enacting rights against a former tenant

31
Q

1954 Section 42

A

Act excludes certain businesses = mining, agriculture and residential

32
Q

1954 Section 43

A

Act excludes short tenancies

- 12 month rule

33
Q

1954 Section 38

A

How to contract out of the act

- simple declaration OR statutory declaration

34
Q

Section 24

A

Details protection of the act:

  • Right to request a new lease
  • Right to remain in occupation
35
Q

Section 25

A

Landlord friendly/hostile notice

- 6-12 months before CED

36
Q

Section 26

A

Tenant notice it wishes to renew lease

37
Q

Section 27

A

Tenant does not want to renew lease

1) Already out of occupation (not protected)
2) Planning to leave, needs 3 months notice

38
Q

Section 30

A

Landlords grounds for refusal:

a) breaking repair covenant
b) breaking rent covenant
c) other substantial covenant breach
d) suitable other accommodation
e) current sublet of part, planning to sublet whole
f) demolition/structural renovation
g) owner occupation - 5yr rule

efg = compensation

39
Q

Section 30

A

Landlords grounds for refusal:

a) breaking repair covenant
b) breaking rent covenant
c) other substantial covenant breach
d) suitable other accommodation
e) current sublet of part, planning to sublet whole
f) demolition/structural renovation
g) owner occupation - 5yr rule

efg = compensation, 1 or 2 x RV

40
Q

Beanby Estates v Egg Stores

A

Notice is deemed served when it is posted

41
Q

Section 23

A

Methods of Service

42
Q

Section 33

A

New lease if ordered by court will be 15yrs

43
Q

Section 34

A

New rent will be market rent

44
Q

Grounds to tenant for landlord breach of repair

A
  • specific performance
  • damages
  • appoint a receiver
  • common law right to self help
45
Q

Ground to landlord for tenant breach of repair

A
  • Self help clause - jervis v harris
  • Repairs Act - special 146 notice
  • Forfeiture
  • Sue for damages
46
Q

Ground to landlord for tenant breach of rent

A
  • Forfeiture
  • Bankruptcy (5,000)
  • Statutory Demand (750)
  • Commercial Rent Arrears
  • Rights against an old tenant - s.17
  • Sue for debt
47
Q

When are pre-conditions for sub-letting fair

A

When they don’t try to govern identity of new tenant

48
Q

Define an upwards only rent review using a hypothetical letting

A

It is a re-valuation of rent based on what rent would be paid for property if it were re-let afresh on the market on the review date

49
Q

Which grounds of s.30 are discretionary, which are mandatory

A

a-c and e are discretionary

d, f and g are madatory

Law (2 decks)

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