TENANT'S COVENANTS Flashcards
What are the requirements for keeping premises in good repair under s105(1)(b)?
- Good and tenantable repair having regard to condition at commencement of lease
- “damage from fire, flood, lightning etc and reasonable wear and tear excepted”
What covenants are implied by the PLA?
- Payment of rent: s105(1)(a) PLA
- Repair: s105(1)(b) and s106(1)(b)
- Not to assign or sublet: s121 PLA
What is good and tenantable repair?
Proudfoot v Hart:
It is such repair having regard to:
1. The age,
2. Character,
3. Locality of the premises as would makei t
4. Reasoanbly fit for occupation of a reasonably minded tenantt of the class likel to take it’
5. The condition at the time of the commencement of lease.
Are there any exceptions to the covenant to repair under s105(1)(b)?
Yes, in the section itself, says wear and tear. However not consequential damage: Haskell v Marlow
What is the relevance of Haskell v Marlow?
The interpretation of ‘wear and tear’
In this case,a widow was granted life estate of a very substantial property. The term of the grant was that she keeps the property in good condition and repair but reasaonble wear and tear was excepted.
She lived in the house for 42 years, and did not repair once, but she also did not damage it.
The estate was naturally in a horrible state.
After she dies, is her estate liable for repair of property?
Courts held: These were secondary consequences, not wear and tear. The tenant was bound to do such repairs to prevent fair wear and tear producing OTHER consequences.
Where can the tenant not be responsible for repair?
Where the Landlord has been notified.
The LL can then claim compensation for repair under s112 PLA.
Why have s106(1)(b) with the same covenant of repair as s105(1)(b)?
This is for a short term lease!
The tenant must care for premises in the “manner of a reasonable tenant” and repair damage cause by lessee or persons coming onto premises with Lessee’s permission
What is “manner of a reasonable tenant” under s106(1)(b)?
Test comes from Warren v Keen:
- The tenant must do the little jobs that a reasonable tenant would do;
- Must not damage house wilfully or negligently;
- Is day-to-day maintenance.
Can the covenant of repair under a short term lease (s106(1)(b) be contracted out of?
Yes, under s106(2) PLA.
Can the covenant of repair be contracted out of for s105(1)(b)?
Yes, under s105(1), it says “unless otherwise agreed”
What are the implied Powers of the landlord?
These are under s107A:
- Right to enter and view state of repair of premises
- Enter and repair
- Enter and carry out requirements of a public authority
- Re enter and take possession.
Where would you find standard covenants to be implied in any lease?
SCHEDULE 3 PLA
